Promissory Estoppel Involves a Situation With a Essay

Promissory estoppel involves a situation with a promise where the promisor should reasonably expect to induce action or forbearance on the part of the promise and which does induce such action or forbearance, and injustice can only be avoided by enforcement of the promise. Promissory estoppel differs substantially from other forms of contract enforcement because it looks at whether one of the parties has detrimentally relied on a promise made by the other party.

It certainly appears that Hernandez had a promise of employment from UPS. He received a written job offer from UPS, and was assured by UPS supervisors that the job was his. Furthermore, after moving his family to El Paso, Texas, though he was told his start date would be delayed, he was assured that UPS would be his employer. He worked at UPS for three days, attending UPS orientation and working at home. Given the circumstances, there is no doubt that UPS promised him a job. They did so several different times and in a variety of different methods.

The next question is whether their promise would induce action on Hernandez's part. They were aware that Hernandez lived in a different town and would have to move if he accepted UPS's job offer.The promise of a job is the type of promise that induces action. Moreover, when he got to El Paso, UPS continued to assure him that he had a job, going so far as to have him take part in an orientation and work from home for one day. Those actions helped make the promise seem more valid, and are the types of actions upon which a person should be apply to rely.

The final question is whether Hernandez should be able to enforce the promise. Obviously, he should not be able to force UPS to specifically perform to the terms of the promise and hire him. However, he incurred significant financial expense in relocating to El Paso, and they should be liable to him for those costs. Moreover, he would not have attended orientation or worked from home if he had not believed the promise of employment, so he should be able to recover….....