A partner by estoppel is someone who, through their actions or words, leads others to believe they are a partner in a business even if there was no formal partnership agreement. The key elements are that the person represented themselves as a partner, others reasonably relied on that representation, and allowing that representation to be denied would cause harm. Promissory estoppel can be used to legally bind such a partnership where one party's actions justified another's reliance on the representation of a partnership.
A partner by estoppel is someone who, through their actions or words, leads others to believe they are a partner in a business even if there was no formal partnership agreement. The key elements are that the person represented themselves as a partner, others reasonably relied on that representation, and allowing that representation to be denied would cause harm. Promissory estoppel can be used to legally bind such a partnership where one party's actions justified another's reliance on the representation of a partnership.
A partner by estoppel is someone who, through their actions or words, leads others to believe they are a partner in a business even if there was no formal partnership agreement. The key elements are that the person represented themselves as a partner, others reasonably relied on that representation, and allowing that representation to be denied would cause harm. Promissory estoppel can be used to legally bind such a partnership where one party's actions justified another's reliance on the representation of a partnership.
Definition : A person is considered through his/ her own
initiative he/she gives an impression to others that he/she is a partner.
Estoppel is the rule of law that when a person by act or words,
gives another person reason to believe a certain set of facts upon which that person takes action, he/she cannot later deny those facts. So, a partner by estoppel would be one who had entered into a business relationship with another for the intention of making a profit without there being any discussion of a partnership being formed but who shared the profits and expenses and the expertise of the business with the other person as though it was a partnership. The other person would be estopped in denying that there was a partnership Legally binding partnership that may arise where, in fact, no formal partnership agreement is in effect. A person who by conduct or words represents, or allows him/herself to be represented, as a partner in a firm is liable for the credit or loans obtained by firm on the basis of such representation. Also called presumption of partnership.
Four elements must be present for the courts to use
promissory estoppel. Which are the four elements of promissory estoppel?
-An existing promise
-made with expectation -and justifiably relied upon substantially -To the injury of the promisee should the promise not be enforced In the typical situation, no detriment or benefit is given by one of the parties to the contract. Under the bargain theory of consideration, there would be no contract because of lack of mutuality of obligation.