Research On Reliance Interest Damages

As the starting-point for much modern reliance theory, Fuller's great article on reliance opened up for discussion the whole relationship between the doctrine of consideration and the different types of damages awardable in contract. According to L.L.Fuller, normally, the plaintiff has in reliance on the promise of the defendant changed his position. We may award damages to the plaintiff for the purpose of undoing the harm which his reliance on the defendant's promise has caused him. The interest protected in this case may be called the reliance interest. With the inherent requirement of bona fide doctrine and in need of full-scale protect of the contractual parties'interests, the related theories on reliance interest come into existence.China has transplanted culpa in contrahendo doctrine as the mechanism to award reliance interest damages to contracting parities. However, the relevant theories have not been introduced, that is why there are still lots of debates related to reliance interest.The first chapter will offer an overview of different evolving paths of reliance interest damages doctrine in the common law and the civil law jurisdictions. It will be found out that although differentiated from each other, the systems in the two groups of law also have something in common: they have the same goal, and Fuller's reliance interest theory was inspired by culpa in contrahendo doctrine.In the second chapter, debates on reliance interest will be introduced. As an important concept brought by Fuller, reliance interest is defined by scholars as a kind of interest or loss, or a'change of situation'. The definitions will be compared, and through the comparison, we will come closer to the concept of reliance. Then I will clarify that reliance interest comprises proprietary interest and opportunity interest.In the third chapter, I will devote to the circumstances where reliance interest damages plays a role. It will be clear that compared to Germany Civil Law, reliance interest damages system functions in a much broader field.The last chapter will be dedicated to the flaws in the contract law of China. Although a principle method is a better choice, it is not reasonable to list only few specific situations in the law. Besides,it is necessary to make it clear that reliance interest damages is the consequence of culpa in contrahendo.