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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 Montana, 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 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 Montana include: (1) a clear and definite promise, (2) the promisor's expectation or foreseeability that the promisee will rely on the promise, (3) actual reliance on the promise by the promisee to their substantial and economic detriment, and (4) a finding that enforcement of the promise is necessary to avoid an injustice. Montana courts will consider these elements when determining whether to apply promissory estoppel in a given case. This doctrine is particularly relevant in situations where parties have acted on promises that lack the formalities of a contract but have led one party to take action to their detriment based on the other's promise.

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Contracts

promissory estoppel

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Contracts

promissory estoppel

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