Foreword: Is Reliance Still Dead?

Barnett, Randy E

Journal: San Diego Law Review

Volume: 38

Year: 2001

Bluebook Citation: 38 SAN DIEGO L. REV. (2001)

Author: Randy E. Barnett: all 54 publications


Abstract

In 1996, I published an article entitled The Death of Reliance; based on a talk I gave at the annual meeting of the Association of American Law Schools on recent trends in legal scholarship. In it I claimed there then existed a "new consensus" that a "reliance theory" did not explain the doctrine of promissory estoppel.What exactly a ''reliance theory" is has never been made clear by those who seemed to advocate it-apart from their insistence that, just as tort law rectified the harm caused by physical misconduct, the purpose of contract law was to rectify detrimental reliance caused by verbal misconduct.

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