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4 - Reliance

Published online by Cambridge University Press:  15 July 2009

Stephen Waddams
Affiliation:
University of Toronto
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Summary

Reliance on the promises and assertions of others, express or implied, is very common in human affairs, and its protection has been a prominent feature of Anglo-American law. Effective protection has often been afforded by contract law, but in a number of circumstances reliance occurs in the absence of an enforceable contract, and here other legal concepts have been deployed. But it has not proved possible to explain the protection of reliance in terms of any other single legal concept.

Very frequently one person makes an assertion on which another relies. In a wide variety of circumstances the courts have held that the person making the assertion is precluded from later contradicting it. The clearest examples relate to statements of fact. If a deadline for enrolment in a university programme is imminent, and a prospective student is informed by the university, before the deadline and while spaces remain in the programme, that she is duly enrolled, the university is estopped (i.e., precluded), after the deadline has passed, from denying the truth of the information, even if the student in fact was not duly enrolled, and even in the face of a mandatory rule in the most stringent language imaginable to the effect that no student shall in any circumstances be enrolled after the deadline. It will be seen from this example that the principle of estoppel is capable of having far-reaching effects on other legal rules, and it has often been the source of obligations that are not assignable to any of the usual divisions shown on diagrams or maps.

Type
Chapter
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Dimensions of Private Law
Categories and Concepts in Anglo-American Legal Reasoning
, pp. 57 - 79
Publisher: Cambridge University Press
Print publication year: 2003

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  • Reliance
  • Stephen Waddams, University of Toronto
  • Book: Dimensions of Private Law
  • Online publication: 15 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511495564.005
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  • Reliance
  • Stephen Waddams, University of Toronto
  • Book: Dimensions of Private Law
  • Online publication: 15 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511495564.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Reliance
  • Stephen Waddams, University of Toronto
  • Book: Dimensions of Private Law
  • Online publication: 15 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511495564.005
Available formats
×