The Phantom Reliance interest in Tort Damages

Authors

Michael B. Kelly

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466.html http://id.loc.gov/authorities/names/n97045246.html

Document Type

Article

Abstract

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

Recommended Citation

Michael B. Kelly, The Phantom Reliance interest in Tort Damages, 38 San Diego L. Rev. (2020).
Available at: https://digital.sandiego.edu/sdlr/vol38/iss1/6