LAWG 100D2 Lecture Notes - Lecture 7: Contract, Puffery, Pepsico
23 Jan 2018
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Document Summary
Path-dependency is strong in contract law, you have to work within a certain framework, it is difficult of law to accommodate situations where contracts about relationships of weaker and stronger parties. How far one party can call upon to care about other"s interests (fiduciary relationships). Arguably, the very nature of the contracts is to look up for the other party in good faith. Carlill case shows a different meeting of the mind"(reading the add brings about contract). Applied a reasonable person perspective! i. e if you rely on one"s communication, that person is liable. The argument that he/she didn"t mean that, we"re sometimes holding that person liable because he/she created reliance. An alternative would be tort, you cannot make negligent statements. It"s a doctrinal decision to say that a contract is a contract even though its not supported by your intention, there has to be a way to receive an expectation that was promised.
