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Promissory Estoppel
Promissory estoppel is a legal doctrine that prevents someone from making a promise that they will not keep.
Elements of promissory estoppel:
- Promission: The promise made by the promisor.
- Acceptance: The promisor’s reliance on the promise.
- Misrepresentation: The promisor’s failure to disclose material facts about the promise.
- Unjust enrichment: The promisor’s gain from the promise.
Requirements for a valid promissory estoppel:
- The promisor must have made a promise that is definite, unambiguous, and certain.
- The promisor must have intended to rely on the promise.
- The promisor must have been aware of the facts upon which the promise is based.
- The promisor must have failed to disclose material facts about the promise.
Examples of promissory estoppel:
- A landlord promises to repair a tenant’s apartment, but fails to do so.
- A seller promises to deliver a car on time, but fails to do so.
- A manufacturer promises to warranty a product, but fails to honor the warranty.
Legal consequences of promissory estoppel:
- The promisor is bound to fulfill the promise.
- The promisor can be held liable for any damages caused by their failure to uphold the promise.
- The promisor can be sued for breach of contract.
Additional notes:
- Promissory estoppel is a common law doctrine, meaning that it applies to all states in the United States.
- Promissory estoppel is a significant doctrine in contract law.
- Promissory estoppel can be used to resolve a variety of disputes, including breach of contract, fraud, and misrepresentation.