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Promissory Estoppel And The Protection Of Interpersonal Trust , John J. Chung
Promissory Estoppel And The Protection Of Interpersonal Trust , John J. Chung
Cleveland State Law Review
This paper examines the role of trust in promissory estoppel and the extent to which the law should protect trust when a promise is made. Part II of this Article summarizes some of the scholarship discussing the nature and role of trust. In particular, it discusses the role of trust in a market economy, and the related role of trust in Contracts law. Part III examines whether there is a difference between trust and reliance, and whether it matters. Part III further asserts that a separate discussion of trust is beneficial because it has the potential to guide and inform …
Possibility Of Plain Meaning: Wittgenstein And The Contract Precedents, Val D. Ricks
Possibility Of Plain Meaning: Wittgenstein And The Contract Precedents, Val D. Ricks
Cleveland State Law Review
Pacific Gas & Electric Co. v. G.W. Thomas Drayage & Rigging Co and In re Soper's Estate claim that plain meaning in contract law is impossible. This claim is left irrefuted in the casebooks and contract law literature, Part I notes, and in most teaching of contract law. The consequence is that students are taught that plain meaning is impossible. A startling implication of this conclusion, as Part I explains, is that the majority of U.S. courts, which hold to the plain meaning rule, are relying on a fiction. But the claim that plain meaning is impossible is false, as …