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Record W3032177057 · doi:10.37381/e96v5m86

Promissory Estoppel: Common Law Wine in Civil Law Bottles

2019· article· en· W3032177057 on OpenAlexaboutno aff
Mohamed Y. Mattar

Bibliographic record

VenueTulane European and Civil Law Forum · 2019
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicLaw, logistics, and international trade
Canadian institutionsnot available
Fundersnot available
KeywordsEstoppelLawWineCivil law (Civil law)Political scienceCommon lawCommercial lawChemistryDoctrineFood science

Abstract

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The Binding Force of an Offer in Civil Law (A) The Irrevocable Offer and Unilateral Declaration of Will as Sources of Obligation (B) The C-oncept of Unilateral Contract Civil Law Analysis of Construction Bidding Cases (C) Offer-Acceptance and Detimental Reliance: Two Different Approaches to Contract Formation (5) The Future of Detrimenal Reliance in Civil Law 127 (A) (B) Derimental Reliance: The Code and the Restatement 137 Reasonableness of Reliance on a Gratuitous Promise Made Without the Requhed Formalities 139 Detrimental Reliance: A C-ontracoal or Non-Contractual Source of Obliguion: The Relationship Benveen (c) Cause and Detrimental Reliance (D) Equity, Certainty and Detrimental Reliance Conclusion 142 t47 149 tern [estoppel] from the old French estoupail, meaning a bung; and it indicates that in such a case one's mouth is plugged against the flow of truth.')Different termhological equivalents are used to expresc the same idea of estoppel, such as "preclusion," "foreclosure," and 'bar."See, e.g., J. RANKINE" THE LAW OF PERSONAL BAR IN SCoTLAND 1 (1921).2It hr" been obs€rved ttrat thc t€rm "esloppel" has dropped out of the modern French vocabulrry.Sec J. DAWSON, CIFTS AND PROMISES 90 (1978).The French p'rinciple of "fin de non-recevoir," which roughly translates as "a bar to the reception of a specific plea'" may, however, serve some of the functions of estoppel.For comparison of the two principles, see Wassermarl The Doctrirc of Fins De Non-Recevoir in Quebec Lan (with a Comparative Analysis of the English Docrine of Estoppel), 34 cAN.B. REV.641 (1956).It has also been observed that Latin American law does not know the doctrine of estop'pel.In this regard, Eder states: Another principle of equity jurisprudence, of great practical importance, is estoppel.As far as I am aware, there is nothing equivalent in Latin-American law.The word "estoppel" has the sarne root as the Spanish estopa T'herc is a Spanish saying: "No bastan estopas parc tapar tartas beas" (caulking is not enough to stop so many mouths).And, precisely, estoppel is the conclusion reached by operation of law because the act or conduct of a person "stoppeth his mouth" to allege or assert the auth of a fact..,.[E]quitable estoppel ... appears to me almost sui generis of Anglo-American law.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.003
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.077
Threshold uncertainty score0.154

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.003
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.002
Science and technology studies0.0130.011
Scholarly communication0.0160.010
Open science0.0010.006
Research integrity0.0060.005
Insufficient payload (model declined to judge)0.0190.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.015
GPT teacher head0.210
Teacher spread0.195 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations3
Published2019
Admission routes1
Has abstractyes

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