On Relaiance Interests In Contract Law

As one type of the beneficial enjoyment upon contract importantly, reliance interest is provided by the law-maker according to the principle of fidelity and credit for the purpose of the security of transaction. Yet, it seems that the research of it needs lots of efforts for us to resume at this stage. In reference to the work-pieces abroad, especially the outcome from the researchers of the Continental Legal System, this article on the basis of the provisions of native contract-law, has systematically made a careful research of the affairs about reliance interest, with exposition -of such key aspects as the nature/scope and exercise of it.In the part of preface, the author points out that reliance is a necessary element in business transaction and the legislature, reflecting the rule of economy, shall enact corresponding acts to regulate it. Then, by comparison of the items of reliance and reliance interest between the system of civil law and system of common law, an illustration of the meaning and method is introduced in the principal body of this article. Section one focuses on the definition of reliance interest. In which, a diversity of the views is cited, and that the traditional conception was criticized by the native academy is commented too. Following that, some questions about the cause of the reliance interest, the relation between reliance interest and reliance and the constitutional requirements are talked about clearly.Section two is the comparison between reliance interest and relevant concepts. Here, the author try to compare the reliance interest with the culpa de negotiation the reliance interest with the contract-uphold benefit (or: the contract-maintain benefit)and the performance benefit, the reliance interest with the returning benefit and the promised benefit, and the reliance interest with the rule of reliance, with the intention to specifically define the reliance interest.The aim of section one and two is mainly about what the reliable benefit is. Section three involves the scope of reliance interest. The reliance interest and the transaction risk are discussed firstly, in order to be certain about the compensation of it. Then the author makes analysis about the scope and limit of the detriment, and explores the problems of offset about damages and negligence. The discussion of whether the reliance interest should be limited within the range of performance benefit is covered at the end of this section.Section four describes the specific circumstances, wherein the reliance interest can be claimed. In this section, the problems about compensation to the reliance interest arising from the situations of cancellation of an offer, culpa de negotiation, rescission or refusal of an inauthentic contract, release of a contract and te presentation contract are discussed respectively.