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 Missouri, 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 binding contract are absent. 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 for promissory estoppel in Missouri include: (1) a clear and definite promise by a promisor, (2) the promisor's expectation or foreseeability that the promisee will rely on the promise, (3) actual and reasonable reliance by the promisee that leads to a detriment, and (4) a finding by the court that enforcement of the promise is necessary to avoid an injustice. Missouri courts will consider these elements when determining whether to apply promissory estoppel in a given case.