Select your state

Contracts

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 Massachusetts, promissory estoppel is recognized as a legal doctrine that allows a party to enforce a promise even when a formal contract does not exist. The elements required for promissory estoppel in Massachusetts are consistent with the general description provided: there must be a clear and definite promise, the promisor must have expected or reasonably should have expected the promisee to rely on the promise, the promisee must indeed rely on the promise to their detriment, and enforcement of the promise must be necessary to avoid injustice. This doctrine is typically applied in situations where the reliance on the promise was significant and it would be unfair to allow the promisor to back out. Massachusetts courts will consider the specific circumstances of each case to determine whether the application of promissory estoppel is appropriate to enforce the promise made.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Contracts

promissory estoppel

Individual & Family Legal Plan

Articles

Massachusetts State Code

Massachusetts State Code

Contracts

promissory estoppel

Articles