Promissory Estoppel and Reliance

Promissory Estoppel is utilized under the absence of a formal contract, but with the assumption that the parties have maintained and acted in a way suggesting the presence of a formal contract. The function of courts regarding the doctrine is to utilize it to legally bind the otherwise informal agreement by imposition of a contract. This is done to ensure a fair deal to all the parties involved.

Estoppel is a set of legal doctrines used by the court to enforce “almost contracts.” Contract law in the United States dictates the way in which these promises are to be established. Literally speaking, ‘promissory’ refers to something that is ‘associated with promise’ and the term ‘estoppel’ means the process of enforcing a ban or restriction.

The point of Promissory Estoppel is to ensure credibility in the promises made by parties to stop them from going back on their word. It is a tool used in order to make parties perform as promised. Many consider this doctrine as a contract law exception.

This is also known as the technical estoppel or formal estoppel. In this scenario, evidence produced before court prevents a denial of the truth regarding word or action performed by the litigant

• • Estoppel By Record

This judicial estoppel arises very often. It is primarily the cause of action in court bans on a revival of the same issues in court that have already been judged through legal proceedings in the past.

• Estoppel By Silence

This is also known as acquiescence. When a party is given the opportunity to assert something, but they choose to remain silent – they are estopped from doing so at a later time as their silence put someone else at a disadvantageous position earlier.

Reliance Estoppel (Detrimental Reliance)

It is a subgroup under promissory estoppel. It is used in a situation when the recovery had to be made under the promissory estoppel doctrine. For this, the plaintiff must prove:

• The existence of a promise
• A significant amount of reliance placed on the promise made, that caused the claimant to be in a disadvantageous or detrimental position

It is fundamental that the key feature is a detrimental reliance that the claimant has been put into as a result of a promise made by the defendant.

Promissory Estoppel Claims have many exemptions, including the Statute of Frauds exceptions. If you believe you have a promissory estoppel cause of action, you would be well advised to have the merits of your case reviewed by an experienced attorney.

What Is The Process For Reviewing A Contract With An Attorney?

When entering into a legal agreement, having a Cocoa Beach contract attorney review the contract can protect your interests and clarify your obligations. Whether it’s a business agreement, real estate deal, or employment contract, understanding the terms is critical. At the Law Offices of Arcadier, Biggie & Wood, we assist clients in Cocoa Beach with professional contract reviews to help them feel confident about their decisions. Below, we address common questions about the contract review process.

What Information Should I Provide To The Attorney?

Before reviewing a contract, it’s helpful to provide the Cocoa Beach contract attorney with any background information related to the agreement. This might include details about the parties involved, your goals, and any prior communications or drafts of the contract. The more context we have, the better we can analyze whether the terms align with your needs and protect your rights.

How Long Does It Take To Review A Contract?

The time required to review a contract depends on its length and complexity. Simple agreements may only take a few hours, while more detailed contracts with multiple clauses and conditions may require additional time. During the initial consultation, we’ll discuss the timeline and ensure your review is completed within the necessary timeframe.

What Does The Attorney Look For During The Review?

When reviewing a contract, we focus on ensuring the terms are clear, fair, and enforceable. This includes identifying ambiguous language, checking for compliance with applicable laws, and evaluating potential risks. We also ensure that your rights are adequately protected and that the agreement reflects your intentions.

Can The Attorney Suggest Changes To The Contract?

Yes, part of the review process often involves suggesting revisions to improve the contract. If we identify terms that are unfavorable or unclear, we’ll propose edits or additions to address these issues. We can also assist in negotiating these changes with the other party to achieve a more balanced agreement.

What Happens After The Review Is Complete?

Once the review is complete, we’ll discuss our findings with you and explain any potential issues or concerns. If you’re comfortable with the terms, you can proceed with signing the contract. If changes are needed, we’ll provide guidance on how to move forward, whether through negotiation or further adjustments to the agreement.

Reviewing a contract with an attorney is a straightforward process that helps protect your interests and avoid potential disputes. At the Law Offices of Arcadier, Biggie & Wood, we work with clients in the city of Cocoa Beach to provide thorough contract reviews and practical advice. If you’re preparing to sign a legal agreement, contact us today to speak with a Cocoa Beach contract attorney. We’re here to guide you through the process and provide the clarity you need to make informed decisions.