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On The Promises Of Collateral Estoppel In English Contract Law Rules

Posted on:2009-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:J H DaiFull Text:PDF
GTID:2206360272959059Subject:Law
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Promisary estoppel is an important rule in Anglo--American Contract Law and it is a kind of relief of Equity to rigid consideration theory of common law.But consideration is still the foundation of contract because Promisary estoppel is applied in a narrow range and can not t take the place of consideration theory.As a rule of Case Law,Promisary estoppel embodies the importance of judges in Anglo-American law and their deduction are strict and persuasive,which differs from the liability of faults during the process of conclusion of contract of continent law.To some degree,both of them persue justice.There are four parts in this article.Chapterâ… mainly introduce the emergence and development of the principles of Promisary estoppel.The principles of Promisary estoppel produce from the two principle of estoppel and waiver.Chapterâ…¡discusses the factors and the application of the the principles of Promisary estoppel. The principles of Promisary made by four elements:(1)There exists a promise(2)The promisee has relied on the promise(3)The reliance should be reasonably expected by the promisor(4)The promise has been injurior to the promisee.Chapterâ…¢probes into the legal effection of the the of Promisary estoppel and the relief way when breach it.Chapterâ…£Chapter probes into the reference of Promisary estoppel to China's law of contract.Chapterâ…¤is the conclusion of the former four chapters.
Keywords/Search Tags:Promisary estoppel, theory of consideration, reliance
PDF Full Text Request
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