How to File for Promissory Estoppel
Promissory estoppel is a legal doctrine that allows a party to enforce the terms of a contract that would not otherwise be binding. Promissory estoppel requires reliance on a reasonable promise or condition. For example, if you quit a job for a new one in a new city based on a prospective employer's oral promises that the job is yours --- but there was no job when you got there --- you may have a valid claim based on promissory estoppel. Whether you can claim promissory estoppel depends on the facts and circumstances of your case.
Other People Are Reading
Instructions
-
-
1
Determine the proper location and court to file your lawsuit. Promissory estoppel and contract-based lawsuits are civil actions. Generally, you must file in the court where the defendant lives or where the damages took place.
-
2
Draft a complaint. The complaint is the document that sets out your claim. In your complaint, you must allege the facts that, if true, would prove your promissory estoppel claim and entitle you to relief.
-
-
3
File the complaint with the court clerk. Pay the applicable filing fee. The clerk will issue you a summons. The summons explains to the defendant that he is being sued and instructs him as to what to do next. You must arrange for the summons and a copy of the complaint to be delivered to the defendant. In some courts, you can pay an extra fee to have the court deliver the documents for you.
-
4
Comply with the court orders and schedules regarding your claim. If you cannot settle the claim with the defendant, your case will go to trial. You must prove your claim to a judge or jury (if either party requested one).
-
1
Tips & Warnings
In general, promissory estoppel requires three things: a promise reasonably expected to induce reliance, action made in reliance of that promise and damage caused by the breaking of that promise that can only be remedied by enforcing the promise.
While filing a lawsuit is a relatively straightforward process, drafting the complaint and proving or otherwise arguing your case in court can be very complicated. Because this article involves legal principles and actions, consider speaking to an attorney to help prepare your case.
