SOF Exceptions: Promissory Estoppel

Promissory estoppel may override SOF when necessary to prevent injustice.

Representative cases

• Garcia v. Garcia 663 S.E.2d 709 · Supreme Court of Georgia
• GMS Mine Repair and Maintenance, Inc. v. Mountaineer Contractors, Inc. West Virginia Supreme Court
• Thomerson v. DeVito Supreme Court of South Carolina

Related Defenses to Formation rules

• Capacity to ContractMinors, mentally incompetent persons, and intoxicated individuals may avoid contracts due to lack of capacity.
• Misrepresentation DefenseContracts induced by material misrepresentation are voidable when justifiably relied upon.
• Fraud DefenseFraudulent inducement renders a contract voidable; fraud in factum may render it void.
• Duress DefenseDuress exists when an improper threat leaves no reasonable alternative.
• Undue Influence DefenseUndue influence arises from unfair persuasion of a vulnerable party by someone in a dominating position.
• Mutual Mistake DefenseA contract is voidable when both parties are mistaken about a basic assumption materially affecting the exchange.
• Unilateral Mistake DefenseUnilateral mistake permits avoidance when the other party knew or caused the mistake.
• UnconscionabilityA court may refuse enforcement of unconscionable terms based on unfair surprise or oppressive results.

Part of Contracts on Core Legal Rules — foundational MBE-tested principles with primary-source citations.