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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 Delaware, 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 principles of equity and fairness, aiming to prevent injustice that would result from the promisor's failure to fulfill a promise that the promisee has reasonably and substantially relied upon to their detriment. The key elements that must be established for promissory estoppel to apply in Delaware are: (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 leading to a detriment, and (4) a finding that enforcement of the promise is necessary to avoid injustice. Delaware courts will consider these factors when determining whether to apply the doctrine of promissory estoppel in a given case.

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Contracts

promissory estoppel

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Delaware State Code

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Contracts

promissory estoppel

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