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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 Florida, promissory estoppel serves as a legal remedy that allows a party to enforce a promise even when a formal contract does not exist or when certain elements of a contract are missing. The doctrine is based on the principles of equity and fairness, aiming to prevent injustice that would result from not enforcing the promise. The elements required to establish promissory estoppel in Florida are: (1) a clear and definite promise, (2) the promisor must have expected or should have reasonably expected the promisee to rely on the promise, (3) the promisee must have relied on the promise to their substantial detriment in a way that was reasonable or foreseeable, and (4) the promise must be enforced to avoid injustice. If these elements are met, Florida courts may compel the promisor to fulfill their promise or provide compensation for the losses incurred due to the reliance on the promise. This doctrine is particularly relevant in situations where formal contracts are absent or unenforceable, yet parties have acted in reliance on promises made.

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Civil litigation

promissory estoppel

Individual & Family Legal Plan

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Civil litigation

promissory estoppel

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