In which section promissory estoppel is applicable?
Asked by: Mr. Rosario Ledner | Last update: April 6, 2026Score: 4.6/5 (68 votes)
Promissory estoppel is primarily found in Section 90 of the Restatement (Second) of Contracts, a foundational legal principle that stops someone from going back on a promise when another person reasonably relied on it to their detriment, ensuring justice when a formal contract lacks consideration. It's applied in contract law to enforce promises, even without traditional contractual elements like mutual consideration, allowing recovery when reliance creates injustice.
What is the section of promissory estoppel?
Legal Provisions
There is no provision of promissory estoppel in Indian law. Section 25 of ICA talks about contracts made without consideration (in other words the enforceability of promises) and Section 115 of IEA deals with estoppels only.
What is Section 115 to 117 of the estoppel law?
Dealt from Section 115 to 117 of the Indian Evidence Act, 1872 Doctrine of Estoppel is that provision which prohibits a person from giving false evidence by preventing them from making contradicting statements in a Court of Law.
When can the doctrine of promissory estoppel be applied?
Promissory estoppel allows a promisee to recover damages when they reasonably and detrimentally relied on a promise, and the promisor could have reasonably foreseen that reliance.
What is Section 90 of the Restatement of Contracts?
"A promise which the promisor should reasonably expect to induce action or forbearance of a definite and substantial character on the part of the promisee and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise." RESTATEMENT OF CONTRACTS § 90 (1932) [ ...
What is Promissory Estoppel? [No. 86]
What are the 5 elements of promissory estoppel?
In analyzing the application of section 90, the Washington courts have established five requirements for recovery in promissory estoppel: “(1) a promise which (2) the promisor should reasonably expect to cause the promisee to change position and (3) which does cause the promisee to change position (4) justifiably ...
What is Section 37 of the Restatement of Contracts?
§ 37 Termination of Power of Acceptance Under Option Contract. Notwithstanding §§ 38-49, the power of acceptance under an option contract is not terminated by rejection or counter-offer, by revocation, or by death or incapacity of the offeror, unless the requirements are met for the discharge of a contractual duty.
What are the four requirements of promissory estoppel?
The four core requirements for promissory estoppel are: a clear and unambiguous promise, reasonable and foreseeable reliance on that promise, actual detriment (injury or loss) suffered by the promisee due to their reliance, and a court finding that enforcing the promise is necessary to avoid injustice. These elements ensure fairness by making a promise enforceable when someone relies on it to their significant harm, even without formal contract consideration, notes Investopedia.
What is Section 115 of the Indian contract Act?
Under section 115, a person who makes a representation and induces a belief in the other person is precluded from denying its truth if the other per- son has acted upon it. This, of course, is not the text of the section; but it ex- presses the principle in ordinary language.
How to claim promissory estoppel?
Promissory Estoppel
- The defendant made a clear and unambiguous promise.
- The plaintiff acted in reliance on the defendant's promise.
- The plaintiff's reliance was reasonable and foreseeable.
- The plaintiff suffered an injury due to reliance on the defendant's promise.
What is Section 121 estoppel?
Description. No maker of a promissory note and no acceptor of a bill of exchange payable to order shall, in a suit thereon by a holder in due course, be permitted to deny the payee's capacity, at the date of the note or bill, to indorse the same.
What are the three types of estoppel?
by representation of fact, where one person asserts the truth of a set of facts to another; promissory estoppel, where one person makes a promise to another, but there is no enforceable contract; and. proprietary estoppel, where the parties are litigating the title to land.
What is under section 115?
If act causing harm be done in consequence — and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.
What are the limitations of promissory estoppel?
Promissory estoppel operates as a shield, not a sword. This means the doctrine can only be used as a defence, not as the basis for bringing an independent claim. In other words, it does not create new causes of action, it only prevents a party from enforcing their rights when it would be unfair to do so.
What is Section 37 of the Indian contract Act?
The parties to a contract must either perform, or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of this Act, or of any other law.
What is Section 73 and 74 of the Indian contract Act?
Therefore, while Section 73 makes provision for unliquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract).
What is the doctrine of estoppel section 115 117?
The foundation of the doctrine is that a person cannot approbate and reprobate at the same time; Purshottam v. Bhagwat Sharan, MANU/MP/0524/2002 : AIR 2003 MP 128. Under Indian Evidence Act, sections 115 to 117 based on the principle what is called "doctrine of estoppel".
What is Section 117 of the Indian contract Act?
Section 117 of the Indian Contract Act, 1872 deals with: "Contract with agent without consideration." No consideration is necessary to create an agency.
What are the requirements for estoppel to apply?
The requirements for estoppel in pais differ by state, but many states require that the party claiming the right knowingly misled the other party, the other party relied on that conduct, and the other party suffered some harm.
What is the rule of promissory estoppel?
The doctrine that a promise made without the exchange of consideration is binding and enforceable if: The defendant made a clear and unambiguous promise. The plaintiff acted in reliance on the defendant's promise. The plaintiff's reliance was reasonable and foreseeable.
What must you prove in a successful promissory estoppel case?
The elements of promissory estoppel include a clear promise, reasonable reliance, and resulting injustice if the promise is not enforced. Legal requirements for promissory estoppel vary by jurisdiction but generally involve the promisor making an assurance that leads to substantial reliance.
What is Section 38 of the Indian contract Act?
Where a promisor has made an offer of performance to the promisee, and the offer has not been accepted, the promisor is not responsible for non-performance, nor does he thereby lose his rights under the contract.
What is Section 27 of the Restatement of CONTRACTs?
Manifestations of assent that are in themselves sufficient to conclude a contract will not be prevented from so operating by the fact that the parties also manifest an intention to prepare and adopt a written memorial thereof; but the circumstances may show that the agreements are preliminary negotiations.
What is Section 43 of the Restatement of CONTRACTs?
§ 43 Indirect Communication of Revocation. An offeree's power of acceptance is terminated when the offeror takes definite action inconsistent with an intention to enter into the proposed contract and the offeree acquires reliable information to that effect.
What are the three requirements for promissory estoppel?
Promissory Estoppel
- The promisor should reasonably expect to induce action or forbearance from the promisee;
- Such action or forbearance is in fact induced; and.
- Injustice can be avoided only by enforcement of the promise.[