Tour Costa Rica v. Country Walkers, Inc.

758 A.2d 795 (2000)

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Nature of the Case

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Facts

D sells guided tours at locations around the world. P contacted D and offered to design, arrange and lead walking tours in Costa Rica for D. P stated that it could not afford to develop specialized tours for D unless P had a two-year commitment from D to run its Costa Rican tours through P. The parties entered into a verbal agreement. P was to design, arrange and lead customized walking tours in Costa Rica for D from 1995 through 1997. P created the tour which included investigating and testing walking tours, investigating and booking hotels, making transportation arrangements, conducting research, checking medical facilities, writing and editing copy for D's brochures and drafting itineraries for clients. P conducted two walking tours for D. The parties discussed the details of and scheduled the dates for, approximately eighteen walking tours for 1996 and 1997. P could not conduct tours for anyone else while working with D and, therefore, stopped advertising and promoting its business, did not pursue other business opportunities and, in fact, turned down other business during this period. A few weeks before a second tour was to occur, D informed P that it would be using another company for all of its future tours in Costa Rica. P filed suit against D, alleging breach of contract, promissory estoppel, unjust enrichment, conversion, fraud, and breach of covenant of good faith and fair dealing. At the close of P's evidence, D moved for a directed verdict on the remaining counts. The court granted D's motion with respect to the fraud claim. D renewed its motion at the close of all the evidence, and the court denied it. The jury found for D on the breach of contract, unjust enrichment, and breach of covenant of good faith and fair dealing claims, but found for P on the promissory estoppel claim, and awarded expectation damages in the amount of $22,520.00. D filed a motion for judgment as a matter of law, and it was denied. D appealed.