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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 Maryland, 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 principles of equity and fairness, and it is intended to prevent injustice that would result from the promisor's failure to fulfill a promise that the promisee has reasonably and substantially relied upon to their detriment. The elements required to establish promissory estoppel in Maryland are consistent with the general description provided: (1) a clear and definite promise by the promisor, (2) reasonable expectation by the promisor that the promisee will rely on the promise, (3) actual and reasonable reliance by the promisee on the promise leading to a detriment, and (4) a necessity to enforce the promise to prevent an injustice. Maryland courts will consider these factors when determining whether to apply promissory estoppel in a given case.

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Civil litigation

promissory estoppel

Individual & Family Legal Plan

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Maryland State Code

Maryland State Code

Civil litigation

promissory estoppel

Articles