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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 court to enforce a promise even when a formal contract does not exist or when certain elements of a contract are missing. This doctrine is particularly relevant when a party has relied on a promise to their detriment. 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 leading to a detriment, and (4) a finding that enforcement of the promise is necessary to avoid injustice. West Virginia courts will consider these factors when determining whether to apply promissory estoppel in a given case. This doctrine ensures that individuals and entities are held accountable for their promises in situations where the formalities of contract law are not present but where justice demands enforcement of the promise made.

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Contracts

promissory estoppel

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Contracts

promissory estoppel

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