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The Global ETD Search service is a free service for researchers
to find electronic theses and dissertations. This service is
provided by the
Networked Digital Library of Theses and Dissertations.
Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
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Showing 1 to 2 of 2 (0.124 seconds)Spelling suggestions: "subject:"consensual (well / intention theory)"" "subject:"konsensuale (well / intention theory)""
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Reliance protection as the basis of contractual liabilityJethro, Paul John Daniel 11 1900 (has links)
It is traditionally accepted that the basis of contractual liability is either consensus, that is the actual meeting of the
minds of the contractants, or the reasonable belief by one contractants that there is consensus. In this paper the various approaches to contractual liability are examined. The conclusion that is reached is that the direct
application of reliance protecti~n can -effectively serve as the basis of contractual liability in our law today. It is submitted that the elements to found contractual liability are representation or conduct, unducement; a reasonable reliance upon consensus, and detriment or prejudice. It is forcefully argued that although blameworthiness (fault) may play a substantial role in determining whether reliance upon consensus should be protected, it is not the decisive element to the enquiry: rather regard should be had to all the surrounding circumstances relating to the
contractual relationship. / Private Law / LL.M.
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| 2 |
Reliance protection as the basis of contractual liabilityJethro, Paul John Daniel 11 1900 (has links)
It is traditionally accepted that the basis of contractual liability is either consensus, that is the actual meeting of the
minds of the contractants, or the reasonable belief by one contractants that there is consensus. In this paper the various approaches to contractual liability are examined. The conclusion that is reached is that the direct
application of reliance protecti~n can -effectively serve as the basis of contractual liability in our law today. It is submitted that the elements to found contractual liability are representation or conduct, unducement; a reasonable reliance upon consensus, and detriment or prejudice. It is forcefully argued that although blameworthiness (fault) may play a substantial role in determining whether reliance upon consensus should be protected, it is not the decisive element to the enquiry: rather regard should be had to all the surrounding circumstances relating to the
contractual relationship. / Private Law / LL.M.
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