The Doctrine of Promissory Estoppel

Oct 13, 2025 by recoveryshake.com 139 views

Introduction

When it comes to contracts, many people assume that they must be in writing to be enforceable. However, this is not always the case. In fact, some contracts can be enforced even if they are not in writing. This article will explore the concept of unwritten contracts, their enforceability, and the circumstances under which they can be enforced.

What are Unwritten Contracts?

Unwritten contracts, also known as oral contracts, are agreements between two or more parties that are not reduced to writing. These contracts can be verbal or implied, and they can be just as binding as written contracts. However, the enforceability of unwritten contracts depends on various factors, which we will discuss later in this article.

The Statute of Frauds

The Statute of Frauds is a law that requires certain types of contracts to be in writing and signed by the parties involved. These contracts include:

Contracts for the sale of real estate
Contracts for the sale of goods worth more than $500
Contracts for the sale of personal property worth more than $5,000
Contracts for the sale of goods that are not to be delivered within a reasonable time
Contracts that are not to be performed within a year from the date of the contract

If a contract falls under one of these categories, it must be in writing and signed by the parties involved to be enforceable. However, if the contract does not fall under one of these categories, it can still be enforced even if it is not in writing.

The Doctrine of Promissory Estoppel

The doctrine of promissory estoppel is a legal principle that allows a court to enforce an unwritten contract if one party has made a promise to another party and the other party has relied on that promise to their detriment. This doctrine is often used in cases where a party has made a verbal promise to another party, but the promise is not in writing.

The Doctrine of Implied-in-Fact Contract

An implied-in-fact contract is a contract that is not explicitly stated, but can be inferred from the circumstances. For example, if a person hires a contractor to build a house, and the contractor begins working on the house without a written contract, an implied-in-fact contract may exist. This type of contract can be enforced if the parties involved have acted in a way that suggests they intended to enter into a contract.

The Doctrine of Quasi-Contract

A quasi-contract is a contract that is not explicitly stated, but is implied by law. This type of contract is often used in cases where one party has made a mistake or has been unjustly enriched. For example, if a person hires a contractor to build a house, but the contractor fails to complete the job, a quasi-contract may exist. This type of contract can be enforced if the parties involved have acted in a way that suggests they intended to enter into a contract.

Circumstances Under Which Unwritten Contracts Can Be Enforced

Unwritten contracts can be enforced in the following circumstances:

Parties have acted in a way that suggests they intended to enter into a contract: If the parties involved have acted in a way that suggests they intended to enter into a contract, an unwritten contract may exist.
One party has made a promise to another party and the other party has relied on that promise to their detriment: If one party has made a promise to another party and the other party has relied on that promise to their detriment, an unwritten contract may exist.
The parties have engaged in a course of conduct that suggests they intended to enter into a contract: If the parties involved have engaged in a course of conduct that suggests they intended to enter into a contract, an unwritten contract may exist.

Conclusion

In conclusion, unwritten contracts can be enforced even if they are not in writing. The enforceability of unwritten contracts depends on various factors, including the Statute of Frauds, the doctrine of promissory estoppel, the doctrine of implied-in-fact contract, and the doctrine of quasi-contract. If you are involved in a contract dispute, it is essential to seek the advice of a qualified attorney who can help you navigate the complexities of contract law.

Frequently Asked Questions

Q: What is the Statute of Frauds?

A: The Statute of Frauds is a law that requires certain types of contracts to be in writing and signed by the parties involved.

Q: What types of contracts are subject to the Statute of Frauds?

A: Contracts for the sale of real estate, contracts for the sale of goods worth more than $500, contracts for the sale of personal property worth more than $5,000, contracts for the sale of goods that are not to be delivered within a reasonable time, and contracts that are not to be performed within a year from the date of the contract are subject to the Statute of Frauds.

Q: What is the doctrine of promissory estoppel?

A: The doctrine of promissory estoppel is a legal principle that allows a court to enforce an unwritten contract if one party has made a promise to another party and the other party has relied on that promise to their detriment.

Q: What is an implied-in-fact contract?

A: An implied-in-fact contract is a contract that is not explicitly stated, but can be inferred from the circumstances.

Q: What is a quasi-contract?

A: A quasi-contract is a contract that is not explicitly stated, but is implied by law.

Q: Under what circumstances can unwritten contracts be enforced?

Q: What is the difference between an unwritten contract and a verbal contract?

A: An unwritten contract and a verbal contract are often used interchangeably, but technically, an unwritten contract can be either verbal or implied, while a verbal contract is a specific type of unwritten contract that is spoken between the parties.

Q: Can an unwritten contract be enforced in court?

A: Yes, an unwritten contract can be enforced in court, but it must meet certain requirements, such as being based on a valid consideration, being supported by a valid promise, and being capable of being performed.

Q: What is consideration in a contract?

A: Consideration is the value or benefit that one party receives in exchange for their promise or performance. In other words, it is the "something" that one party gives up in exchange for the other party's promise or performance.

Q: Can an unwritten contract be modified or terminated?

A: Yes, an unwritten contract can be modified or terminated, but it must be done in a way that is consistent with the original agreement and with the law. For example, if the parties agree to modify the contract in writing, the modification will be binding.

Q: What is the statute of limitations for unwritten contracts?

A: The statute of limitations for unwritten contracts varies by state, but generally, it is between 2-6 years from the date of the contract. If a party fails to bring a claim within this time period, they may be barred from doing so.

Q: Can an unwritten contract be used as evidence in a court of law?

A: Yes, an unwritten contract can be used as evidence in a court of law, but it must be proven through other means, such as witness testimony or documentary evidence.

Q: What is the difference between an implied-in-fact contract and an implied-in-law contract?

A: An implied-in-fact contract is a contract that is not explicitly stated, but can be inferred from the circumstances. An implied-in-law contract, on the other hand, is a contract that is implied by law, even if the parties did not intend to enter into a contract.

Q: Can an unwritten contract be used to enforce a promise or performance?

A: Yes, an unwritten contract can be used to enforce a promise or performance, but it must meet certain requirements, such as being based on a valid consideration and being capable of being performed.

Q: What is the role of a witness in an unwritten contract case?

A: A witness can play a crucial role in an unwritten contract case by providing testimony about the parties' intentions, the terms of the contract, and the circumstances surrounding the contract.

Q: Can an unwritten contract be used to enforce a claim for damages?

A: Yes, an unwritten contract can be used to enforce a claim for damages, but it must meet certain requirements, such as being based on a valid consideration and being capable of being performed.

Q: What is the difference between an unwritten contract and a settlement agreement?

A: An unwritten contract and a settlement agreement are both types of agreements that are not in writing, but a settlement agreement is a specific type of agreement that is used to resolve a dispute or claim.

Q: Can an unwritten contract be used to enforce a claim for specific performance?

A: Yes, an unwritten contract can be used to enforce a claim for specific performance, but it must meet certain requirements, such as being based on a valid consideration and being capable of being performed.

Conclusion

In conclusion, unwritten contracts can be complex and nuanced, and it is essential to understand the requirements and implications of such contracts. If you are involved in a contract dispute or have questions about unwritten contracts, it is essential to seek the advice of a qualified attorney who can help you navigate the complexities of contract law.