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 Michigan, 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 of a contract are missing. The elements of promissory estoppel in Michigan generally include: (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 leading to a detriment, and (4) the necessity of enforcing the promise to prevent injustice. Michigan courts will consider these factors when determining whether to apply promissory estoppel. This doctrine serves as a means to uphold promises in situations where the failure to do so would result in an unfair outcome to the party who relied on the promise. It is important to note that the application of promissory estoppel can vary based on the specific circumstances of each case, and an attorney can provide guidance on its likelihood of success in a particular situation.