The Research On The Principal Of Promissory Estoppel On Anglo-american Law System

The rules of promissory estoppel in the Anglo-American law system, which is the supplements of the consideration theory, become the result of the equity theory's application under the guidance of the equitable spirits. It's purpose is to protest the transactional security and conserve the equity and justice.Tracing the historical original of promissory estoppel, we will find that in the early time of common law the reliance of promisees has long been concerns of the court. However, with the advent of the bargain theory of consideration in the late of 19th century, the unbargained-for reliance no longer constituted consideration, and therefore, was no longer the justification for enforcement of promises. The First Restatement of Contracts adopted the bargain theory as well as Section 90 titled "Promise Reasonably Inducing Definite and Substantial Action" to protect the reasonable reliance of promisee. Section 90 of the First Restatement was the first formal expression of the promissory estoppel, regarded as the birth of promissory estoppel.The First Restatement articulated promissory estoppel in its Section 90 and the expression was the accepted one of this theory. The Second Restatement carried forward the theory in a modified version mainly in its own Section 90 and spun off a few of the more significant applications of section 90 into new sections of their own. The modification of the Second Restatement reflects the new development of promissory estoppel from its birthday.Although the initial intend application of articulation of promissory estoppel was obviously limited to gratuitous promises in the non-commercial context, it has long expanded into the broad commercial context. Exploring the context in which promissory estoppel applies, we can get a better picture of the practical application of the theory.This essay excavate the rules'system through the way of explaining the rules' developmental skeleton,meaning,components and the scope of application on the Anglo-American law system. And find the value of the rules protecting confidence through the comparation between it and adjacent system on the angle of the comparative law, and improve the system of the confidence protecting.