Define: Promissory Estoppel

Promissory Estoppel
Promissory Estoppel
Quick Summary of Promissory Estoppel

Promissory estoppel is a legal doctrine that allows a party to enforce a promise made by another party, even if there is no formal contract between them. This doctrine arises when one party relies on a promise made by another party to their detriment and suffers harm as a result of that reliance. In such cases, the court may enforce the promise to prevent injustice or unfairness. Promissory estoppel is often invoked in situations where one party makes a clear promise to another, who then relies on that promise to their detriment, only to have the promisor later renege on the promise. The doctrine is based on principles of fairness and preventing unjust enrichment.

Full Definition Of Promissory Estoppel

A promissory estoppel has occurred if

  • one party to a Contract indicates unequivocally to the other that he (the first party) will not insist on his full rights under the contract, and
  • the party so benefited acts on the promise by adopting a course of action that he would not otherwise have taken, and
  • it would be inequitable to allow the promisor to renege on the promise and insist on his full rights.

The courts might act to prevent the promisor from going back on his promise and claiming his full rights. This issue arises sometimes in disputes over contracts, and may be used to imply the existence of a contract where there is insufficient Consideration.

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This glossary post was last updated: 29th March, 2024.

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