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1	Reliance protection as the basis of contractual liability Jethro, 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. Consensual (will / intention theory) Declaration theory Detriment Estoppel by representation Fault Iustus error Mistake Objective approach Reliance theory/protection Risk principle Reasonable reliance 346.2 Consensual (Intention) theory Reasonable reliance Estoppel by representation Risk principle
2	Reliance protection as the basis of contractual liability Jethro, 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. Consensual (will / intention theory) Declaration theory Detriment Estoppel by representation Fault Iustus error Mistake Objective approach Reliance theory/protection Risk principle Reasonable reliance 346.2 Consensual (Intention) theory Reasonable reliance Estoppel by representation Risk principle

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Reliance protection as the basis of contractual liability

Reliance protection as the basis of contractual liability