It its most basic terms, promissory estoppel “estopps” a person from benefitting from another’s reliance on a broken promise. In contract law, it can be substituted for consideration. Consideration is one of the three elements that must be present in order to create a contract. The other two elements are offer and acceptance. Consideration is usually money but does not have to be. For example, let’s say you are a seller and you state “I will sell you this fan if you promise to give me 100.”Thebuyergivesyouthe100 in exchange for the fan. The consideration in this example is the 100.Theremustbeabargainfromthepromisor(theonemakingthepromise)oradetrimenttothepromisee(theonegivingupsomething)fortheretobeconsideration.Thus,theremustbeanexchangeofpromisesforconsiderationtobepresent.However,theremaynotalwaysbeconsiderationandthisiswherepromissoryestoppelcanbeusedtoseekrecovery.Forpromissoryestoppeltoapply,therefirstmustbeapromise.Next,thepromisee′srelianceonthepromisemusthavebeenreasonablyforeseeabletothepromisor.Also,theremusthavebeenactualrelianceonthepromise.Finally,onlybyenforcingthepromisecaninjusticebeavoided.Allofthesefourelementsmustbemetinordertoapplythisdoctrine.InRickettsvScothorn(77N.W.365,367),agrandfatherpromisedtogivehisgranddaughter2000 plus interest so that she would not have to work like his other grandchildren. Here, there was no consideration to support this promise and the executor of the estate was “estopped” from alleging a lack of consideration as a basis for terminating the contract. Because the promisee here, the granddaughter, was induced into quitting her job based on this promise, the court held it would be grossly inequitable to dismiss it because there was no consideration. The doctrine has since evolved to not only include cases where there is no consideration but can also be a viable remedy for enforcing a contract by treating the promisee’s reliance alone as a separate and allowable basis for recovery.
Firstly, it is important to understand the term 'estoppel.' Essentially, an estoppel is a concept and legal term that will prevent someone from denying or contradicting something that they had said or done in the past. It is used as a legal tool to ensure that no one is left at a disadvantage because of someone else's inconsistencies or attempt to skew the truth.
Now, a promissory estoppel is a type of estoppel that prevents someone from doing or acting in a way that goes against something that they had already promised to do, whether it was in a formal or informal manner. This type of estoppel is usually found in a contract. Say you sign a lease contract that says you must pay your rent on the first day of every month; this is a promissory estoppel that ensures you will do what you promise to do in your lease.
A promissory estoppel is only used when the hypothetical breaking of whatever promise was made would be extremely detrimental, whether financially or otherwise, to one of the parties involved.
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