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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 Maine, 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. 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 for promissory estoppel in Maine 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 indeed rely on the promise in a substantial and reasonable manner, and this reliance must result in a detriment to the promisee. Lastly, the enforcement of the promise must be necessary to avoid injustice. Maine 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

Articles

Maine State Code

Civil litigation

promissory estoppel

Maine State Code

Articles