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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 New Jersey, 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 for a contract are lacking. The doctrine is based on the principle 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 New Jersey include: (1) a clear and definite promise, (2) a reasonable expectation by the promisor that the promisee will rely on the promise, (3) actual and reasonable reliance by the promisee to their detriment, and (4) a finding that injustice can only be avoided by enforcing the promise. New Jersey 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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Contracts

promissory estoppel

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