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 Florida, 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 the principle of equity, aiming to prevent injustice that would result from not enforcing the promise. The elements required to establish promissory estoppel in Florida 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 to their detriment, and (4) a need to enforce the promise to avoid injustice. If these elements are met, a Florida court may require the promisor to fulfill their promise or compensate the promisee for losses incurred due to their reliance on the promise. It is important to consult with an attorney to understand how these principles apply to specific circumstances, as the application of promissory estoppel can vary based on the details of each case.