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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 Illinois, promissory estoppel is recognized as a legal doctrine that can be used to enforce a promise even when a formal contract does not exist or certain elements for a contract are lacking. The elements required for promissory estoppel in Illinois are consistent with the general description provided: there must be a clear and definite promise, the promisor must expect or foresee that the promisee will rely on the promise, the promisee must actually rely on the promise in a substantial and reasonable way, and this reliance must result in a detriment to the promisee. Lastly, the application of promissory estoppel must be necessary to prevent an injustice. Courts in Illinois will consider these factors when determining whether to enforce a non-contractual promise under the doctrine of promissory estoppel. It is important to note that the specifics of each case can affect the application of this doctrine, and an attorney can provide guidance on how promissory estoppel might apply in a particular situation.

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Civil litigation

promissory estoppel

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Civil litigation

promissory estoppel

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