Letters of Comfort: A Comparative Evaluation of Australian, United States and English Jurisdictions

Current Commercial Law, Vol. 7, pp. 1-12, 2000

12 Pages Posted: 23 Mar 2012

Abstract

In this article, the author argues that the reluctance of the Australian courts to recognise the enforceability of comfort letters is predominantly due to the restrictions imposed on the use of the unconscionability principles and more particularly the promissory estoppel doctrine. This article explains the current position in the United States, where its law with respect to comfort letters is more settled and suggests that the approaches of the Unites States courts be adopted to expand the concept.

Keywords: Letters of Comfort, commercial law, promissory estoppel doctrine, unconscionability

Suggested Citation

Thai, Lang, Letters of Comfort: A Comparative Evaluation of Australian, United States and English Jurisdictions. Current Commercial Law, Vol. 7, pp. 1-12, 2000, Available at SSRN: https://ssrn.com/abstract=2027750

Lang Thai (Contact Author)

University of Lincoln

Lincoln Law School
Lincoln, LN6 7TS
United Kingdom

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