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Promissory estoppel is a legal doctrine used in American law as well as other legal systems, although other legal systems may call it by a different name. Promissory estoppel allows a party to recover on a promise even though that promise was made without consideration. Essentially it prevents, or estops, a person from arguing that his or her promise should not be upheld. It also requires that reliance on the promise was reasonable, and that the person trying to enforce the promise actually relied on the promise to his or her detriment. The precise legal requirements for promissory estoppel may vary between jurisdictions.
An example of promissory estoppel is where an employer orally promises to pay an employee a monthly amount for the remainder of her life as retirement. If the employee reasonably relies on the promise and retires, the employer will likely be estopped, based on the doctrine of promissory estoppel, from reneging on his promise to pay a monthly retirement payment.
Usually, in cases of promises or contracts, the law requires that a party receive consideration for the deal. Consideration is some type of value that is being exchanged between the parties. That "value" can take the form of affirmatively doing something; refraining from doing something, also called forbearance; or making a promise in return. So, in an example where John promises to pay Mary for building him a house, the consideration is the money paid for building a house. Consideration should be adequate, that is, reasonable given the circumstances of the agreement, and cannot be illegal, such as a bribe. Consideration also cannot be for something received in the past. Sometimes, nominal consideration — consideration of insignificant value — is sufficient.
Regardless of the type of consideration required in a given contract, some kind of consideration is generally required in order to make an agreement valid and legally enforceable. But, because the law wants to promote fairness, courts will sometimes apply the doctrine of promissory estoppel. So even though there is no enforceable contract, the law may enforce the promise if the necessary elements (e.g., reasonable reliance and detriment) are proven. Still, the law wants clarity in agreements and therefore, most often consideration is required. The promissory estoppel doctrine is actually limited to cases where it is necessary to prevent an injustice. This means it is used less often than if it were applied to do justice — a nuanced but significant difference.
The doctrine of promissory estoppel is different than a similar sounding doctrine, the doctrine of estoppel. Promissory estoppel relies on a statement of promise while estoppel relies on a statement of fact. These two doctrines point at a bit of a tug of war in the law. On the one hand we want to be certain in our decisions and therefore want to enforce agreements with factual consideration, but at the same time we want to be fair and enforce promises that were reasonably relied on.
Even if an agreement is not based on a consideration, and even if promissory estoppel is not applicable because, say the "agreement" didn't include a promise, the courts can still enforce the "agreement" for the purpose of promoting fairness. The court could do this by imposing obligations on the parties through quasi contract. Quasi contract is a contract implied-in-law. So, for example, say Suzanne paints Joel's house and Joel knows Suzanne is painting his house but Joel doesn't sign a contract and doesn't promise to pay for Suzanne for her services. The court's imposition of a quasi contract in this instance could hold Joel responsible for the cost of Suzanne's services.
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Posted by: anon421
There is no proper law definition of Promissory estoppel and elements of doctrine of Promissory estoppel?
I need clarity on above questions
Thanks
Posted by: drsnickers
If my health insurance contract includes a "Promissory Estoppel" clause to the effect that no oral or written statements by any individual can alter the terms of the contract, is or isn't that statement a violation of the estoppel doctrine?
Posted by: tool296012
I have a problem with a loan company. I have had a major illness and as a result am no longer able to work. The maker of my truck loan has always accepted my loan payments late without adding a late fee, even if it was 2 months late. this has been going on for almost 2 years. All of the sudden they get a new manager in the office and the new manager has my truck repoed. the payment was late by one month. I had relied on the fact that they would accept the payment late, even if it was 2 months late, so I could pay rent,utilities and food.
My question is: is my reliance on their practice of accepting the late payments promissory estoppel or is it implied contract?
Posted by: anon3230
Around 27 years ago, I moved 600 miles to work for another person in a very specialized job. I disolved my successful business in another state to make the move and accept this position under a verbal agreement. It was clear that I dropped EVERYTHING and made the move completely.
After six months of doing a great job, the "boss" got mad (insecurity) and just put me out one night in anger, leaving me holding an apartment lease and leaving me 600 miles from home with NO INCOME or hope of income in that specialized area, having quit my business in another state and moved to work with this guy.
After hearing about "promissory estoppel" I am wondering if at that time, did I have a case?
Posted by: anon3644
If a person makes any false representation to another and that other person acts on the representation, the person who has made it shall not afterwards be allowed to setup that what he said was false and to assert the real truth in place of the falsehood which has mislead the other. explain this position with decided cases.
Posted by: anon5105
I moved from San Diego to Washington. I quit my job working for a chain store to move up here and was promised a job with the same chain. The store even held a position for me, I went through all the preliminaries of being hired and when it came time to get a work schedule the Human Resources dept decided to halt the process due to my past felonies. I was looking up what that was called and directed to promissory estoppel. I would like to know if it is possible to act upon this?
Posted by: anon7931
An advertisement put up by a golf shop promised that I would receive a free golf tutorial book if I bought a certain driver. After buying the right driver, the shop refused me the free book because I work for a competing shop on the other side of town. It wasn't because they had no books left as I saw a big pile of them. Could my case fall under promissory estoppel as I relied on their promise? I only bought that certain driver because of the book and would have gone for another if it wasn't for the offer.
Posted by: karunayush
Andrew owes Betty $3,000. He is supposed to repay her in full by 1st May 2007. However, on 1st April 2007, Andrew tells Betty to accept a lesser sum of $2,000 from him, as full and final settlement of the sum of $3,000 owed, telling her that that was all he has got. Betty feels that she has got no alternative but to accept the $2,000 from him, and writes him a note saying, “This sum of $2,000 is in full and final settlement of the $3,000 that you owe me”. One month later, however, Betty changes her mind and now demands from Andrew the remaining sum of $1,000 from Andrew.
(a) Please advise Betty whether she can now still demand the sum of $1,000 from Andrew. Please state the relevant legal principles clearly in your answer.
(b) Would your answer be different if:
(i) Betty is the one who had requested Andrew to repay her one month early, that is, to pay on 1st April instead of 1st May 2007?
(ii) Betty had asked Andrew to repay her in Edinburgh in Scotland, instead of the agreed place for repayment of London in England?
(iii) Betty had told Andrew that he could pay her $2,000 and a cheap T-shirt belonging to Andrew, in full and final settlement?
Posted by: RINTYG
Would promissory estoppel apply in my case? I have lived at home with my mum for the past 30 years, caring for her over the past 9 years as she battled lung disease. My mum didn't get chance to make a will but she promised me that I would be able to have the house. She also made this known to her sister (my aunt). However, 2 days before my mum's funeral, my sisters told me that they want me out so they can sell the house and get "their thirds". This would leave me homeless as I can't afford my own place. I can only work part time as I have health problems. My sisters say I might as well sell up and give them the money because I have no right to stay in the house but then I read about promissory estoppel and wondered whether it might help me.
Any advice would be greatly appreciated.
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