Jump to ContentJump to Main Navigation
Foundational Principles of Contract Law$
Users without a subscription are not able to see the full content.

Melvin A. Eisenberg

Print publication date: 2018

Print ISBN-13: 9780199731404

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199731404.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 October 2021

The Theory of Overreliance

The Theory of Overreliance

(p.257) Twenty-One The Theory of Overreliance
Foundational Principles of Contract Law

Melvin A. Eisenberg

Oxford University Press

Chapter 21 concerns the theory of overreliance. That theory is as follows: frequently a promisee can increase the profit he will make from a contract by investing in goods or services (for example advertising) that will make the contract more profitable. In the absence of institutional considerations this theory could have significant consequences in formulating the legal rules that govern damages. When institutional considerations are taken into account, however, the theory, although illuminating, has few real-world consequences, especially considering the cases where overreliance is normally impossible, or theoretically possible but very unlikely to occur, or when any reliance would hold its value after breach.

Keywords:   overreliance, theory of overreliance, institutional considerations, damages, profit

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .