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Promissory estoppel

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Revision as of 19:47, June 24, 2023 by DeRien (talk | contribs)

In United States contract law, a promissory estoppel allows a party to enforce a promise even if no contract was formed.

In short, a promissory estoppel is not supported by consideration.

Elements

A promissory estoppel requires 3 elements:

  1. a promise: this promise reasonably induces the promisee's action or forbearance (not doing something)
  2. reliance: the promisee would have to rely on the promise. The promissee's reliance is roughly equivalent to consideration. This reliance needs (1) substantial action and (2) justifiable reliance.
  3. detriment: the promisee must have suffered substantial detriment.

For example, a mother can promise to fully pay for her daughter's college education only after her graduation with a bachelor's degree in physics (no other subject allowed) in less than 5 years. If mathematics and physics aren't the daughter's forte, she will have to incur a detriment by studying much harder, study for many more hours, & pay for additional study materials than if she were majoring in history with a strong background in history.


See also