Contracts Promissory Estoppel Flashcards
Contracts
Promissory Estoppel
an injured party can recover damages if those damages were the result of a promise made by a promisor and the promise was significant enough to move the promisee to act on it. There are specific elements that must be present:
Promisor made a promise significant enough to cause the promisee to act on it
Promisee relied upon the promise
Promisee suffered a significant detriment
Relief can only come in the form of the promisor fulfilling the promise
And, there need not be a contract involved. In fact, when promissory estoppel is used, it is because a contract did not exist. Now, it may not be as simple as this. The court will look at a few things. First, the court will decide whether there was detrimental reliance, or a change in the position of the promisee, who acts based on the promise and becomes damaged as a result.