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New page: Promissory estoppel is an equitable doctrine to require payment in the absence of a contract, if: : defendant promised something to the plaintiff, upon which plaintiff could reasonably re...

Promissory estoppel is an equitable doctrine to require payment in the absence of a contract, if:

: defendant promised something to the plaintiff, upon which plaintiff could reasonably rely;

: plaintiff did in fact rely on the promise; and

: plaintiff was harmed as a result, i.e., plaintiff relied to his detriment.

This was codified at Section 90 of the Restatement of Contracts. Traditional defenders of contract law opposed this approach because it gives a court discretion to award relief even if there is no contract.

This approach exemplifies a movement against the strict view of contract. Professor [[Grant Gilmore]] applauded judicial erosion of contract principles in his famous work, ''[[The Death of Contract]]''.

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Revision as of 05:39, April 10, 2007