Select your state

Contracts

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 Maine, promissory estoppel serves as a legal remedy that allows a court to enforce a promise even when a formal contract does not exist or certain elements for a binding contract are absent. The doctrine is based on principles of fairness and relies on the presence of a clear and definite promise that the promisor could reasonably expect to induce action or forbearance on the part of the promisee. When the promisee does rely on the promise to their detriment, and such reliance was foreseeable, the court may enforce the promise to prevent injustice. This equitable remedy is intended to uphold promises that have been relied upon, maintaining trust and fairness in transactions and interactions where legal technicalities of contract formation are not met but where parties have acted in expectation of a promise being fulfilled.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Contracts

promissory estoppel

Individual & Family Legal Plan

Articles

Maine State Code

Maine State Code

Contracts

promissory estoppel

Articles