When was promissory estoppel invented

Smith can't deny he had a contract with the painter, and the artist will likely receive a judgment providing compensation for his work.

Certain legal requirements must be fulfilled in order to trigger a promissory estoppel. Of course, at its base, there must be someone making a promise, a promisee, and some type of detriment suffered by the promisee. Here are five legal elements of a promissory estoppel:. Here's another example of a promissory estoppel. Let's say an employer entered into a verbal agreement with an employee, whereby they would pay that employee an agreed-upon amount throughout the duration of their retirement.

If that employee then proceeds to file for retirement, based on the promise made by the employer, the employer could be legally estopped from not delivering on the payments throughout the course of the former employee's retirement.

You will come across promissory estoppel most commonly in the field of contract law. The entire premise surrounding a contract involves two parties who negotiated an agreement based upon a promise. Typically, contract law requires that a person receives a certain amount of consideration before entering into a promise.

This makes legal consideration of value when two parties enter into an agreement or contract. A consideration such as this may include the exchange of money or a promise to avoid a certain action. Contractual breach and remedies. Cryptoassets for dispute resolution lawyers. Estoppel—common law and equitable. Forming enforceable contracts. Professional negligence claims.

Protecting confidential information. Restitution, unjust enrichment and related claims. Terminating contracts. The doctrine of res judicata. Tort and negligence. Transferring contracts and rights of third parties.

Sign-in Help. The following Dispute Resolution practice note produced in partnership with Nicholas Macklam of Radcliffe Chambers provides comprehensive and up to date legal information covering: Promissory estoppel Promissory estoppel—what is it?

Promissory estoppel—what do you need to establish? Equitable waiver Unequivocal representation Is a pre-existing legal relationship required? Promissory estoppel and unconscionable behaviour When might you rely on promissory estoppel? Examples of when promissory estoppel has not applied Promissory estoppel and payments of money More Promissory estoppel—practical considerations Less Promissory estoppel For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.

Promissory estoppel—what is it? Access this content for free with a trial of LexisPSL and benefit from: Instant clarification on points of law Smart search Workflow tools 36 practice areas.

Back Step 1 of 2 Basic information. Step 1 Step 2 Name. Miss Mrs. Name Click to edit. Name No Content These fields are required. Email Email id Click to edit. The doctrine prevents the promisor or enterprise from going back on their word or promise. For example, a vendor makes an oral promise to the customer to replace the goods if they do not fit the customer size requirements. The customer purchases the clothes and takes them home. However, the customer proposes to return the clothes to the vendor relying on the vendor oral promise.

Here, the vendor is estopped from refusing the clothes returned. The doctrine of promissory estoppel varies from country-to-country. The doctrine is part of the law in the United States and other countries.

The promise is enforceable without consideration. The promisee should have suffered an economic loss. The promisee or aggrieved party can recover damages from the promisor for any losses incurred as a result of the contract.

The promise should be one on which a reasonable man could have relied on. The promisee should have acted reasonably and relied on the promise. The doctrine enables the injured party or the promisee to recover on a promise.