2 mins read

Promissory Estoppel

Ankit0

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.

FAQs

  1. What do you mean by promissory estoppel?

    Promissory estoppel prevents someone from backing out of a promise when the other party has relied on it and suffered a loss as a result.

  2. What are the elements of promissory estoppel?

    Elements include: a clear promise, reliance on the promise, reasonable reliance, detriment due to reliance, and enforcement needed to avoid injustice.

  3. What is an example of promissory estoppel?

    If an employer promises a promotion and the employee relocates, but the promotion is later denied, the employee may use promissory estoppel.

  4. What are the principles of promissory estoppel?

    It ensures fairness by enforcing promises when someone has reasonably relied on them and suffered harm if the promise is not kept.

Disclaimer

Related Posts