How To Prove A Texas Promissory Estoppel Defense

 

 

In Texas, a defense 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 defense:

• Element 1. The plaintiff made a promise. The plaintiff made a clear promise to do something or not do something, which they intended for the other party to rely on, forming the basis of a legal claim in a situation where that promise was not fulfilled.
  

  Facts that might support this element look like:

  * The plaintiff explicitly stated that they would provide financial support for the defendant’s business venture if certain conditions were met.
  * During a meeting, the plaintiff assured the defendant that they would not seek repayment for the initial investment for at least two years.
  * The plaintiff sent an email confirming their commitment to fund the project, outlining the specific terms of their promise.
  * The plaintiff verbally agreed to cover all costs associated with the project, leading the defendant to rely on that assurance.
  * The plaintiff repeatedly expressed their intention to support the defendant’s efforts, creating a reasonable expectation of reliance on that promise.

• Element 2. It was foreseeable that the defendant would rely on the defendant’ s promise. It was expected that the defendant would trust the promise made by the other party, meaning they could reasonably count on that promise when making decisions or taking actions based on it.
  

  Facts that might support this element look like:

  * The defendant explicitly stated that they would take action based on the promise made, indicating their intention to rely on it.
  * The defendant had a history of fulfilling similar promises, which created a reasonable expectation of reliance.
  * The promise was made in a context where the defendant knew the plaintiff would likely act upon it.
  * The plaintiff communicated their reliance on the promise to the defendant prior to taking any action.
  * The defendant’s promise was made in writing, reinforcing the expectation that it would be honored.

• Element 3. To his or her detriment, the defendant substantially relied on the promise. The defendant took significant actions based on someone else’s promise, which ultimately harmed them, showing that they trusted the promise enough to make decisions that negatively affected their situation.
  

  Facts that might support this element look like:

  * The defendant invested significant time and resources into a project based on the plaintiff’s promise of support.
  * The defendant turned down a lucrative job offer, believing the plaintiff would fulfill their commitment.
  * The defendant incurred expenses for materials and services in anticipation of the plaintiff’s promised assistance.
  * The defendant communicated their reliance on the promise to the plaintiff, expressing the impact it had on their decisions.
  * The defendant suffered financial losses directly linked to their reliance on the plaintiff’s assurance.

^{(See Trevino & Associates Mech., L.P. v. Frost Nat. Bank, 400 S. W. 3d 139 (Tex. Court of Appeals 2013).)}
If you’re representing yourself in court and plan to assert a Defense of Promissory Estoppel, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively present your Defense of Promissory Estoppel.

Prove Your TX Promissory Estoppel Defense

U.S. Civil Cases Only