Promissory estoppel requires foreseeability of reliance that makes a promise enforceable without consideration. Which statement reflects this concept?

• A. A written contract with mutual consideration
• B. An unspoken fear of non-performance
• C. A failure to take action after a promise
• D. Reasonable and foreseeable reliance on the promise that justifies enforcement despite lack of consideration

Answer: (D)

Promissory estoppel rests on enforcing a promise when someone reasonably relies on it even without receiving something of value in return. The foreseeability of that reliance by the person who made the promise matters: if they could foresee that reliance, the promise may be enforced to prevent injustice. The statement that best fits this idea says there is reasonable and foreseeable reliance on the promise that justifies enforcement despite lack of consideration. That captures why a promise can bind someone without a traditional contract: the reliance is real, reasonable, and foreseeable, and enforcing the promise serves justice.

Note how the other ideas don’t fit as well. A written contract with mutual consideration involves traditional formation and isn’t about enforcing a promise without consideration. An unspoken fear of non-performance doesn’t demonstrate actual relied-upon action. A failure to take action after a promise shows no concrete reliance to enforce.