Promissory Estoppel

Promissory estoppel is an important doctrine in contract legal philosophy in which a non contractual cartel lacking consideration rendered enforceable to avoid an injustice. Promissory estoppel arises when injustice can be avoided only by means of the enforcement of a promise that would differently be unenforceable for lack of consideration. It is usu all(prenominal)y applied in personas in which a party has relied on another partys promise, and that partys nonbinding promise will be enforced because to do otherwise would be unfair. Promissory estoppel is usually used in the context of charitable donations. In nearly jurisdictions the charity must draw reliance on the promise but in others reliance is not necessary.

The concept of quasi(prenominal) contract is somewhat similar in that such contracts have the same effect of enforcing a promise in vow to avoid an unjust result, however in such cases thither had been no promise in the first place.

One case in which the court applied the doctrine to render a contract otherwise lacking in consideration enforceable was McIntosh v. Murphy. That case involved a verbal agreement to pursue the plaintiff at the defendants auto dealership in Hawaii for one year. After moving all the way to Hawaii he was fired two month later.



The court found in favor of the plaintiff because he had relied on the promise of the defendant and had rendered part per categoryance.

In moth miller v. Lawlor, the court concluded that it was not necessary to determine the congenator applicability of the doctrines of part performance versus estoppel because it was not necessary to let out them. The court in that case noted that other courts had recognised that promissory estoppel had become recognized as another form of consideration or consideration substitute. The court ultimately held that the verbiage in the contract was sufficient to support a determination that the contract was enforceable via application of the doctrine of promissory estoppel.

In Peoples Nat. Bank of Little Rock v....If you want to get a full essay, order it on our website: Orderessay



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