E. Marshall Wick
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Promissory estoppel

    A doctrine in which a non contractual promise may be made enforceable to avoid an injustice.

Acceptable alternative ways of describing promissory estoppel are:

  • A doctrine which arises when injustice can be avoided only by enforcement of a non enforceable promise.

Notes on Promissory estoppel:

  • Promissory estoppel is used where, although there may not otherwise be a enforceable contract, because one party has relied on the promise of the other, it would be unfair not to enforce the agreement.


  • Promissory estoppel is used to enforce charitable gift pledges where the charity relies on them.

An example of promissory estoppel is where a foreign student declares that she is unable to return to college because she is unable to raise enough money to cover all the costs especially with textbooks costing so much and I agree to provide her with the necessary textbooks if she returns. When she returns, I cannot back off on my gift since she has relied upon it to return. In this case promissory estoppel substitutes for consideration and we have a binding contract.

Related Concept:

  • Quasi contract
    Quasi contracts have the same judical effect of trying to avoid an unfair result but they differe from promissory estoppel because in quasi contracts, there was NO promise made at all.