Promissory Estoppel (Contract) - Explained
When Reasonably Relying a Promise Makes that Promise Enforceable
If you still have questions or prefer to get help directly from an agent, please submit a request.
We’ll get back to you as soon as possible.
- Marketing, Advertising, Sales & PR
- Accounting, Taxation, and Reporting
- Professionalism & Career Development
Law, Transactions, & Risk Management
Government, Legal System, Administrative Law, & Constitutional Law Legal Disputes - Civil & Criminal Law Agency Law HR, Employment, Labor, & Discrimination Business Entities, Corporate Governance & Ownership Business Transactions, Antitrust, & Securities Law Real Estate, Personal, & Intellectual Property Commercial Law: Contract, Payments, Security Interests, & Bankruptcy Consumer Protection Insurance & Risk Management Immigration Law Environmental Protection Law Inheritance, Estates, and Trusts
- Business Management & Operations
- Economics, Finance, & Analytics
When is Promissory Estoppel and Exception to the Requirement that a Contract have Consideration?
A doctrine known as promissory estoppel may serve as a substitute for consideration to make an agreement into a valid contract. Promissory estoppel is an equitable doctrine. If the offeree reasonably relies on the offerors promise to her detriment, the doctrine of promissory estoppel may make the contract valid despite the absence of consideration. The two key elements are:
- that the reliance must be reasonable in light of the situation, and
- the relying party must suffer a tangible detriment.
Note: The court may also consider whether performance causes a hardship on the promising party.
Example: You are having erosion problems in your hard. You cannot afford to pay to have it fixed, so I offer to give you the materials necessary to build a retaining wall. You spend your available money grading out the ground and digging the dirt where the wall will go. After all of this, I back out of my promise. You have now spent your available money and, without installing the wall, made the situation far worse than it was before. A court may deem my promise to be an enforceable contract because you relied to your detriment on my promise.
Next Article: Statute of Frauds - Explained Back to: CONTRACT LAW
Discussion: How do you feel about the idea that a persons reliance on another persons promise can substitute for consideration? How much of a detriment must the relying party suffer before you think a court should enforce the agreement? Should the promise be enforced if it would result in a significant hardship for the promising party?
Practice Question: Tina says that she will give Sam her car to drive across the country from Georgia to California. Sam relies on Tina's promise by not purchasing a plane ticket. Tina fails to follow through with her promised gift. Sam has to purchase a plane ticket that is dramatically more expensive that it would have been if he had purchased the ticket at the time that Tina made her promise. If Sam wants to sue Tina for breach of contract, what is the likely result?
- The principle of promissory estoppel is based on the provisions of equity. This principle is an exception to the requirement of consideration for the contract to be enforceable. This means that where there is a promissory estoppel, consideration is not necessary to make the contract enforceable. However, for the principle of promissory estoppel to be legally binding, the following must be fulfilled:
- The promisor should have expectations beyond reasonable doubt that the promise will do their part under the promisee.
- That the action under the promise is induced.
- That without the promisee carrying out the action promised, the promisor will suffer an injustice.
- If the person suffers a great injustice due to the other party not delivering the promise then the aggrieved party should sue for damages.
In this situation, it is difficult to see how Sam would be in a worse-off position than if Tina had never made the promise. As such, the element of Sam suffering an injustice may not be present.