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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 North Carolina, 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 binding contract are absent. The doctrine is based on principles of fairness and is designed to prevent injustice that would result if the promise were not enforced. The elements required to establish promissory estoppel in North Carolina 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 finding that enforcement of the promise is necessary to avoid an injustice. Courts in North Carolina 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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North-Carolina State Code

North-Carolina State Code

Contracts

promissory estoppel

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