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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 Maryland, 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 binding contract are absent. The doctrine is based on the principles of equity and fairness, aiming to prevent injustice that would result from not enforcing the promise. The elements required for promissory estoppel in Maryland include: (1) a clear and definite promise by the promisor, (2) reasonable and foreseeable reliance on the promise by the promisee, (3) actual and substantial reliance on the promise by the promisee to their detriment, and (4) a finding by the court that enforcement of the promise is necessary to avoid injustice. Maryland courts will consider these factors when determining whether to apply promissory estoppel in a given case.

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Contracts

promissory estoppel

Individual & Family Legal Plan

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Maryland State Code

Maryland State Code

Contracts

promissory estoppel

Articles