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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 North Dakota, 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 for a contract are missing. The elements of promissory estoppel in North Dakota 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 on the promise, and (4) a detriment suffered by the promisee as a result of their reliance. The final element is that enforcement of the promise must be necessary to avoid injustice. This doctrine is applied by North Dakota courts to prevent what they perceive as unjust outcomes that would result if a promise upon which a party has reasonably relied is not honored. It is important to consult with an attorney to understand how this doctrine might apply to a specific situation, as the application of promissory estoppel can be complex and fact-specific.

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Civil litigation

promissory estoppel

Individual & Family Legal Plan

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North-Dakota State Code

Civil litigation

promissory estoppel

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