Also known as: legal detriments · detriment
Written by attorneys · grounded in primary & secondary sources — see below
An act or forbearance undertaken by a promisee that the promisee had no prior legal duty to perform or refrain from performing.
Select any source to read its text and confirm it supports the definition.
Lucas Lee receives a job offer from a new employer but promises his current boss he will stay if given a raise. He turns down the competing offer and remains in his role. The surrender of his legal right to accept other employment supplies the legal detriment that supports enforcement of the raise promise.
Luna Lang sells her bakery after Red Owl Stores assures her a franchise will be granted. She incurs moving and setup costs before the deal collapses. Her change of position supplies the legal detriment needed to enforce the promise.
Layla Lane's insurer refuses to settle a claim within policy limits. She forgoes pursuing her own defense options in reliance on the insurer's duty. The insurer's breach exposes her to excess liability and constitutes legal detriment supporting recovery.
Lance Lee, a general contractor, relies on Star Paving's subcontract bid when submitting his own proposal. After the bid is withdrawn he must secure higher-priced paving. The reliance and resulting extra cost establish the legal detriment required for promissory estoppel.
Leo Lynch signs an employment agreement containing an arbitration clause after his employer promises continued employment. He gives up the right to litigate future claims in court. The surrender of that legal right supplies the detriment supporting enforceability of the clause.
Lucia Lopez promises her nephew $5,000 if he refrains from drinking, smoking, and gambling until age twenty-one. He forgoes those activities for years. The nephew's relinquishment of legal privileges constitutes the legal detriment that makes the promise enforceable.
No. Legal detriment exists when the promisee does something they were not obligated to do or refrains from something they had a legal right to do, even if no financial loss occurs.
Supporting sources
Legal detriment focuses on the surrender of a legal right or privilege, whereas factual detriment refers to actual loss or harm in fact.
Supporting sources
Yes. Refraining from conduct one is legally entitled to engage in, when bargained for, supplies legal detriment and supports consideration.
Supporting sources
…as an anonymous source. The reporters expected that promise to induce Cohen to give them the documents, which he did to his detriment. The promise applied only to Cohen's identity, not to anything about the court records themselves. We are troubled, however, by the third requirement for promissory estoppel, namely, the…