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Protecting legitimate expectation, estoppel in English contract law and its implication to Korea law

  • DONG-A LAW REVIEW
  • 2011, (53), pp.407-434
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Myung-Gu Choi 1

1부경대학교

Accredited

ABSTRACT

This paper contains the protect of the legitimate expectation and the estoppel in English contract law and its implication to Korea law. This is also refer to the relationship between the legitimate expectation and the estoppel. Before the explanation of this relationship, the concepts of the legitimate expectation and the estoppel would be mentioned. This topic something of a difficulty in English contract law, but its real interest lies in this difficulty. There is a answer to the question: what part id played by the concepts of legitimate exceptions and estoppel in the English law of contract? The judge don't generally use the language of ‘legitimate exception’ in the context of the private law of contract. Even if ‘promissory estoppel’ and other forms of estoppel are played firmly in the contract law. In addition, this paper mentions the application of the general principles underlying ‘legitimate expectation’ and estoppel within English contract law. In this chapter are researched both problems in the precontractural stage, forming the contract(finding the agreement and the force of the promise), formalities for contracts, defects of consent, agency, third party rights, interpreting the contract and remedies for breach of contract in which the specific performance, the valuation of the expectation and the not whole of the failed economic expectation are divided and explained. Especially, in the precontractual stage does English law not recognize a general principle of precontractual liability. Many other legal systems would say that the relationship between the parties negotiating for a contract can become one in which one party acquires a duty to take some account of the other party's interests, the duty arising either in tort or in an autonomous liability for culpa in contrahendo. At forming the contract appear problems on the object test of agreement and protection expectation through the rules of offer and acceptance. Also, In connection with Formalities for contract are some other contract-forms used at the time of agreement. In this point has the House of Lords considered whether estoppel can be used to avoid the requirement that a contract of guarantee be evidenced in writing. Finally, in remedies for breach of contract would the specific performance be not the primary remedy but an award of damages. Damages protect the claimant's expectation, not his reliance. The valuation of the expectation is made in economic terms, but the whole of the failed economic expectation may no be awarded. In added, above contents and its implication to Korea law is explained according precontractual stage, making contract and contract's effects.

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