Private Law Theory

Introduction:
… The contribution of this Article is threefold. First, it critiques the current case law for ignoring and neglecting the justice element of promissory estoppel. This goes against the specific wording of section 90 of the Restatement (Second) of Contracts and also against promissory estoppel’s rationale and purpose. Contrary to this approach, this Article suggests a robust justice element based on a theory of distributive justice. Second, a more robust justice element will make the doctrine of promissory estoppel more meaningful. This will result in better protecting reliance, furthering trust and cooperation among parties, empowering disadvantaged parties, and making the formation of contract a more flexible and conscience process … (more)

Orit Gan, ‘The Justice Element of Promissory Estoppel’, St John’s Law Review vol 89 no 1, Article 3.

First posted 2015-11-09 13:20:44