The reliance interest has fascinated me for some time.' As a measure of damages for breach of contract, it seems theoretically unjustified and flawed in its implementation. In theory, it requires compensation for lost opportunities? In practice, such compensation is rarely provided'
unless one counts the expectation interest as a proxy for opportunities lost in reliance on a promise. In theory, it justifies recoveries that may exceed expectation. Yet, even its progenitors refused to endorse that implication. Why, then, does the reliance interest have continuing appeal
Michael B. Kelly,
The Phantom Reliance interest in Tort Damages,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol38/iss1/6