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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 Mississippi, promissory estoppel serves as a legal remedy that allows a party to enforce a promise even when a formal contract does not exist or lacks certain elements typically required for enforceability. The doctrine is based on the principle of fairness and seeks to prevent injustice that would result from the promisor's failure to fulfill a promise which the promisee has reasonably and substantially relied upon to their detriment. The elements of promissory estoppel in Mississippi include: (1) a clear and definite promise, (2) the promisor's expectation or foreseeability that the promisee will rely on the promise, (3) actual reasonable and substantial reliance by the promisee, and (4) a finding that enforcement of the promise is necessary to avoid an injustice. Mississippi 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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Mississippi State Code

Mississippi State Code

Civil litigation

promissory estoppel

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