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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 Nebraska, 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 contract are lacking. The doctrine is based on the principle of fairness and seeks to prevent injustice that would result if the promise were not enforced. The elements required for promissory estoppel in Nebraska 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 on the promise by the promisee, and (4) a detriment suffered by the promisee due to their reliance on the promise. If these elements are met, Nebraska courts may enforce the promise to the extent necessary to avoid injustice. This doctrine is particularly relevant in situations where the parties have not met all the technical requirements of a contract but have acted in a manner that suggests a promise was made and relied upon.

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Civil litigation

promissory estoppel

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Civil litigation

promissory estoppel

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