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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 West Virginia, promissory estoppel serves as a legal remedy that allows a party to enforce a promise even when a formal contract does not exist or certain elements for a contract are lacking. The doctrine is based on the principle of fairness and seeks to prevent injustice that would result if the promise were not enforced. The elements required to establish promissory estoppel in West Virginia include: (1) a clear and definite promise, (2) the promisor's expectation or foreseeability that the promisee will rely on the promise, (3) actual and reasonable reliance by the promisee on the promise leading to a detriment, and (4) a need to enforce the promise to avoid an injustice. If these elements are met, West Virginia courts may compel the promisor to fulfill the promise or provide compensation for the promisee's reliance-related losses.

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Civil litigation

promissory estoppel

Individual & Family Legal Plan

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West-Virginia State Code

West-Virginia State Code

Civil litigation

promissory estoppel

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