Question

jack agrees to stop smoking for ten years if bill will pay him 10,000.00 in the ninth year bill cancels the contract. a. has the contract been cancelled properly? b. if so does jack have an action under the doctrine of promissory estoppel? what is promissory estoppel

Answer 1

Answer;

Promissory estoppel is a doctrine in contract law that stops a person from going back on a promise even if a legal contract does not exist for the same. It states that an aggrieved party can recover damages from a promisor if the damages incurred were the result of a promise made by the promisor, which he relied on to his subsequent detriment. However, there are certain element that should be present for the doctrine of promissory estoppel to be enforceable:

i) Promisor made a significant promise to cause the promisee to act on it.

ii) Promisee relied on the promise

iii) Promisee suffered significant damage for relying on the promise that results in economic loss

iv) Fulfillment of the promise is the only way the promisee can be compensated.

In the above case, Jack does not have action under the doctrine of promisory estoppel, because Jack did not suffered any damage that results in economic loss by relying on Bill’s promise.