The Trust Responsibility. Contract Law Study

The theory of Reliance Interest of Fuller has great role in the contract law of theCommon Law System. Fuller's theory originated from German jurisconsult Jhering'stheory of "Culpa in contrahendo", which in English can be translated into "Fault innegotiation". Fuller advanced Jhering's theory by protecting the pro-contract interestwhen the party breachs the contract. His theory was criticized by many academics justbecause he mixed the conception of contract and tort. The role of Fuller's theory is notfit in with the real evaluation he really get. Does the theory of Reliance Interest just hasall its goods in the window? This dissertation has been divided into four parts. Part1 has systematically introduced the theory of Reliance Interest, including itsbackground, main content, influence and criticism. Part 2 has mainly explore the contract damages in the civil law system, to find ifreliance interest has been compensated by now rules and how does it reach. Part 3 has discussed in the contract whole process, including negotiation andbreach of contract, if we have proper method to solve the problem of reliance interest. Part 4 is on the topic of the foundation of contract law. Firstly, I want to justify thelegal responsibility in the contract law. Secondly, I want to explore if this responsibilitywill conflict with the freedom of contract.