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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 Washington State, promissory estoppel serves as a legal remedy that allows a court 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 principles of fairness and relies on the presence of a clear and definite promise that the promisor should reasonably expect to induce action or forbearance on the part of the promisee. When the promisee does indeed rely on the promise to their detriment, and such reliance was foreseeable, the court may enforce the promise to prevent injustice. This equitable remedy is particularly relevant in situations where the failure to enforce the promise would result in a loss or harm to the promisee that is not adequately compensable by damages alone. Washington courts will consider the specific circumstances of each case, including the nature of the promise and the extent of the reliance, to determine whether promissory estoppel is applicable.

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Civil litigation

promissory estoppel

Individual & Family Legal Plan

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Civil litigation

promissory estoppel

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