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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 New York, promissory estoppel serves as a legal remedy that allows a party to enforce a promise even when a formal contract does not exist or when certain elements of a contract are missing. The doctrine is based on principles of equity and fairness, aiming to prevent injustice that would result from the promisor's failure to fulfill a promise that led the promisee to reasonably and detrimentally rely on it. The elements required to establish promissory estoppel in New York include: (1) a clear and unambiguous promise, (2) a reasonable expectation by the promisor that the promise would induce action or forbearance on the part of the promisee, (3) substantial and detrimental reliance by the promisee on the promise, and (4) a finding by the court that injustice can only be avoided by enforcing the promise. New York courts will consider these elements on a case-by-case basis to determine whether promissory estoppel is applicable.

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Civil litigation

promissory estoppel

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Civil litigation

promissory estoppel

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