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Civil litigation

promissory estoppel

Promissory estoppel is an equitable theory of recovery that permits enforcement of a promise when one or more elements necessary to create an enforceable contract are missing. The elements of promissory estoppel are generally: (1) a promise; (2) foreseeability of reliance by the promisor; (3) substantial and reasonable reliance by the promisee to its detriment; and (4) enforcing the promise is necessary to avoid injustice.

In Louisiana, promissory estoppel is recognized as a principle that can be used to enforce a promise even when a formal contract does not exist or is lacking essential elements typically required for a binding contract. The doctrine is based on fairness and is designed to prevent injustice that would result if the promise were not enforced. The elements of promissory estoppel in Louisiana generally include: (1) a clear and unambiguous promise by the promisor, (2) a reasonable expectation by the promisor that the promisee will rely on the promise, (3) actual and reasonable reliance by the promisee on the promise to their detriment, and (4) a finding that enforcement of the promise is necessary to prevent an injustice. Louisiana courts will consider these factors when determining whether to apply promissory estoppel in a given case. It is important to note that Louisiana's civil law system is distinct from the common law systems of other states, and thus the application of promissory estoppel may differ from its application in other jurisdictions.

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Civil litigation

promissory estoppel

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Louisiana State Code

Louisiana State Code

Civil litigation

promissory estoppel

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