Canon and Fireworks: Reliance in the Restatements of Contracts and Reliance on Them
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Description
Two related claims are principally advanced in this chapter. First is that the Restatements of Contracts has achieved the status of a canon on which contemporary legal practice and education has come to rely. This claim falls under the heading reliance on the Restatements. The second claim, falling under the heading reliance in the Restatements, asserts that traditional notions of contractual liability based on reliance have been overshadowed by the Restatements’ canonization of both its bargain theory of consideration and its statements of promissory estoppel. Overshadowed but not excluded, traditional notions of reliance as grounds for contract enforcement and recognition can be found throughout the Restatements. By highlighting these grounds the chapter aims to recover or, perhaps better, reveal the traditional and continuing presence of reliance in the American common law of contract liability.
Source Publication
The American Law Institute: A Centennial History
Source Editors/Authors
Andrew S. Gold, Robert W. Gordon
Publication Date
2023
Recommended Citation
Brooks, Richard R. W., "Canon and Fireworks: Reliance in the Restatements of Contracts and Reliance on Them" (2023). Faculty Chapters. 245.
https://gretchen.law.nyu.edu/fac-chapt/245
