A man promised to gift his antique desk to his brother. The brother reasonably relied on the promise and disposed of his old desk in anticipation of receiving the desk. The promisor later kept the desk. Under promissory estoppel, the promise may be enforced if which of the following is true?

• A. The promise is enforceable regardless of reliance.
• B. Promissory estoppel requires consideration.
• C. A writing is required to enforce promissory estoppel.
• D. The promise to give is enforceable if all three elements of promissory estoppel are met.

Answer: (D)

Promissory estoppel allows enforcing a promise when someone relies on it to their detriment in order to avoid an injustice. It does not require consideration or a writing. The three elements are: a definite promise, reasonable reliance on that promise, and injustice if the promise is not enforced due to that reliance.

In this situation, the brother reasonably disposed of his old desk in anticipation of receiving the promised antique desk. If enforcing the promise would prevent an injustice—keeping the promisor from benefiting at the expense of the brother’s reliance—then the promise may be enforced, provided all three elements are present.

The other statements miss key points: reliance matters, so it cannot be enforceable regardless of reliance; promissory estoppel does not require consideration; and it does not require a written promise.