What are the four conditions of promissory estoppel?

The elements of a promissory estoppel claim are “(1) a promise clear and unambiguous in its terms; (2) reliance by the party to whom the promise is made; (3) [the] reliance must be both reasonable and foreseeable; and (4) the party asserting the estoppel must be injured by his reliance.” (US Ecology, Inc.

What is promissory estoppel UK?

Promissory estoppel is the doctrine that prevents a party from acting in a certain way because the first party promised not to, and the second party relied on that promise and acted upon it. In English law, a promise made without consideration is generally not enforceable, and is known as a gratuitous promise.

Is promissory estoppel a defense?

It is important to note that promissory estoppel is defensive in nature. Promissory estoppel does not create a contract where none existed before, but only prevents a party from insisting upon their strict legal rights when it would be unjust to allow it to enforce them.

What is needed to prove promissory estoppel?

There are common legally required elements for a person to make a claim for promissory estoppel: a promisor, a promisee, and a detriment that the promisee has suffered. An additional requirement is that the person making the claim—the promisee—must have reasonably relied on the promise.

Is promissory estoppel a substitute for consideration UK?

Where the promise comes after an action there can be no promissory estoppel. In Ajayi the action that the defendant relied on came before the promise. Estoppel thus functions, as an alternative to consideration as it renders a promise enforceable once there has been a detrimental reliance upon it.

Can promissory estoppel be used as a sword?

Lastly, promissory estoppel is a shield not a sword. It cannot be used in English law as a cause of action, it can only be used as a defence mechanism to protect someone who may suffer unjust enforcement of strict legal rights.

When can you use promissory estoppel?

“Promissory estoppel applies whenever a promise that the promissor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and that does induce such action or forbearance would result in an injustice if the promise were not enforced.