Promissory Estoppel | Practical Law

Promissory Estoppel | Practical Law

Promissory Estoppel

Promissory Estoppel

Practical Law Glossary Item 1-518-6318 (Approx. 2 pages)

Glossary

Promissory Estoppel

The doctrine that a promise made without the exchange of consideration is binding and enforceable if:
  • The defendant made a clear and unambiguous promise.
  • The plaintiff acted in reliance on the defendant's promise.
  • The plaintiff's reliance was reasonable and foreseeable.
  • The plaintiff suffered an injury due to reliance on the defendant's promise.
(See Graham-Suit v. Clainos, 756 F.3d 724, 749-50 (9th Cir. 2013).)
A successful promissory estoppel claim prevents the defendant from denying the existence of a contract for lack of consideration and punishes the defendant for misleading the plaintiff to its detriment (Bocksel v. DG3 North America, Inc., , at *10 (E.D.N.Y. Feb. 12, 2016)). Courts typically limit the plaintiff's remedy to that which is necessary to avoid injustice.
For more on promissory estoppel, see Commercial Litigation: Causes of Action Checklist: Promissory Estoppel.