Full question:
Can Past Practice pertain to legal issues other than Labor Agreements, even if by another name? This pertains to an incorporated organization (Fire Dept.)
- Category: Employment
- Date:
- State: Maryland
Answer:
Past practice is often associated with unionized employers, but it can apply in other contexts as well. For instance, it may be relevant in discussions of general contract law, particularly regarding legal principles like waiver and promissory estoppel.
Promissory estoppel comes into play when one party relies on the promise of another, even if there isn't an enforceable contract. If that reliance is reasonable and leads to a detriment, it may be unfair not to enforce the promise. To establish promissory estoppel, the following must be shown: a promise was made; the reliance on that promise was reasonable or foreseeable; actual and reasonable reliance occurred; the reliance caused harm; and enforcing the promise is necessary to prevent injustice.
Detrimental reliance is a key concept here, indicating that harm was suffered due to reliance on a promise. Reasonable reliance refers to what an ordinary person would believe and act upon based on another's statements. If someone acts on a promise, only to find it was misleading, they may seek damages or demand performance.
In summary, past practice can indeed have implications beyond labor agreements, including in contract law contexts.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.