How To Prove A Texas Promissory Estoppel Claim

 

 

In Texas, a claim of Promissory Estoppel is defined as:

This is an estoppel that prevents a promisor from denying the existence of a promise when the promisee reasonably and foreseeably relies on the promise and to his or her loss acts or fails to act and suffers an injustice that can only be avoided by enforcement of the promise

It simply means:

A promise may be enforced if it was clearly made, and the other party relied on it to their detriment.

There are 3 elements of the claim:

• Element 1. The defendant made a promise. The defendant made a clear promise to do something or not do something, which the other party relied on, believing that the promise would be kept.
  

  Facts that might support this element look like:

  * The defendant explicitly stated that they would provide financial support for the plaintiff’s business venture if certain conditions were met.
  * During a meeting, the defendant assured the plaintiff that they would invest in the project, leading the plaintiff to rely on that promise.
  * The defendant sent an email confirming their commitment to fund the plaintiff’s initiative, outlining the terms of their support.
  * The defendant verbally promised to deliver specific resources to the plaintiff by a certain date, which the plaintiff relied upon to proceed with their plans.
  * The defendant’s written agreement included a clause indicating their intention to fulfill the promised obligations to the plaintiff.

• Element 2. It was foreseeable that the plaintiff would rely on the defendant’ s promise. It was expected that the person making the claim would depend on the promise made by the other party, meaning that the promise was clear enough that the claimant could reasonably trust it when making decisions or taking actions.
  

  Facts that might support this element look like:

  * The defendant explicitly stated that the plaintiff could rely on the promise made regarding the project timeline.
  * The plaintiff had previously relied on similar promises from the defendant, which were fulfilled without issue.
  * The defendant was aware that the plaintiff was making significant decisions based on the promise, including financial investments.
  * The promise was made in a formal setting, indicating the seriousness and intent behind the commitment.
  * The plaintiff communicated their reliance on the promise to the defendant, reinforcing the expectation of fulfillment.

• Element 3. To his or her detriment, the plaintiff substantially relied on the promise. The plaintiff took significant action based on someone else’s promise, which ended up causing them harm or loss when that promise wasn’t kept.
  

  Facts that might support this element look like:

  * The plaintiff turned down a lucrative job offer after receiving a promise of employment from the defendant.
  * The plaintiff incurred significant expenses in preparation for the role, including relocation costs and purchasing new work attire.
  * The plaintiff communicated their reliance on the defendant’s promise in multiple emails, expressing excitement about the opportunity.
  * The plaintiff declined other job opportunities based on the assurance of a long-term position with the defendant.
  * The plaintiff invested time and resources into training and certifications specifically for the role promised by the defendant.

^{(See Moore Burger, Inc. v. Phillips Petroleum Company, 492 SW 2d 934 – Tex: Supreme Court 1972.)}
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Prove Your TX Promissory Estoppel Claim

U.S. Civil Cases Only