top of page
  • Jeff Vail

Promissory Estoppel

Updated: Sep 5, 2020

This is part of Vail Law's Litigation Checklist. Connect with me on LinkedIn.

What is Promissory Estoppel?

Promissory estoppel is a “quasi-contractual cause of action.” Pinnacol Assur. v. Hoff, 375 P.3d 1214, 1220 (Colo. 2016). That means it can provide a remedy for a party who relied on a promise, even if that promise did not create an enforceable contract. It is common to assert a claim for promissory estoppel where a party may not be able to prove a claim for breach of contract.

What are the Elements of Promissory Estoppel?

There are four elements for a claim of promissory estoppel:

(1) a promise;

(2) that the promisor reasonably should have expected would induce action or forbearance by the promisee or a third party;

(3) on which the promisee or third party reasonably and detrimentally relied; and

(4) that must be enforced in order to prevent injustice.

Cherokee Metro. Dist. v. Simpson, 148 P.3d 142, 151 (Colo. 2006). Where these elements are present, a promise becomes binding and may be enforced through the normal remedies available under contract law. Comm’rs v. DeLozier, 917 P.2d 714, 716 (Colo. 1996). View Vail Law's entire Litigation Checklist.

160 views0 comments

Recent Posts

See All
bottom of page