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 Kansas, 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 from not enforcing the promise. The elements required to establish promissory estoppel in Kansas are: (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, and (4) a detriment suffered by the promisee due to the reliance. If these elements are met, Kansas courts may enforce the promise to the extent necessary to remedy the harm caused by the reliance. This doctrine is particularly important in situations where traditional contract requirements, such as consideration, are not present, but where parties have acted in reliance on a promise to their detriment.