Promissory Estoppel

There are three main points. Promissory estoppel requires:

– One is an explicit commitment made through actions or words.

– Two, a promisee’s position changes due to the promise, though not always negatively.

– Three unfairness if the promisor breaks the agreement.

Estoppel is not a means to an end in and of itself; rather, it serves to support, not oppose, the outcomes of an activity. It plays a vital role as a safeguard, ensuring that rights are not abruptly terminated, thereby providing a sense of security.

Promissory Estoppel usually involves property or land, and if someone makes a promise that is taken advantage of, they may be able to make a claim.

For example, a son works for years without receiving pay after being promised the Farm, only to discover that he has inherited less than what was promised. In an unfair circumstance like this, the Court could decide to transfer the Farm to the son regardless of the Will, based on the evidence presented and if proven. In order to fairly compensate the winning claimant, the minimum equity award is the remedy for such claims.