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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 Utah, promissory estoppel is recognized as a legal doctrine that allows for the enforcement of a promise even when a formal contract does not exist or certain elements for a contract are missing. The elements of promissory estoppel in Utah 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 reasonable and substantial reliance by the promisee on the promise, leading to a detriment, and (4) the necessity of enforcing the promise to prevent injustice. Utah courts will consider these elements when determining whether to apply promissory estoppel. This doctrine serves as a means to uphold promises in situations where the formal requirements of a contract are not met but where justice demands enforcement due to the promisee's reliance on the promise.

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Civil litigation

promissory estoppel

Individual & Family Legal Plan

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Utah State Code

Utah State Code

Civil litigation

promissory estoppel

Articles