Questioning the "new consensus" on promissory estoppel: an empirical and theoretical study

Article Abstract:

Empirical research demonstrates that the equitable doctrine of promissory estoppel is not successfully asserted by most claimants and a lack of reliance is an important factor in their failures. Theorists asserting that a new judicial consensus exists which results in the enforcement of unrelied upon promises are incorrect in light of evidence taken from a comprehensive survey of reported promissory estoppel cases. Successful claimants receive reliance damages contrary to the theorists' proposition that courts prefer expectancy damages to reliance damages.

Remedies, Statistics, Surveys, Equity (Law), Estoppel, Promissory estoppel

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Are conglomerates less environmentally responsible? An empirical examination of diversification strategy and subsidiary pollution in the U.S. chemical industry

Article Abstract:

An evaluation of the EPA's Toxic Release Inventory showed that conglomerate subsidiaries registered pollution levels greater than those of companies with other corporate diversification programs. This poorer environmental performance was observed in a survey of 555 diversified parent companies in the chemical industry for 1989. The results indicate a need to carefully evaluate diversification plans against corporate environmental performance.

Conglomerate corporations, Environmental aspects, Chemical industry, Environmental policy, Diversification in industry, Industrial diversification

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The absolute pollution exclusion - has it resolved all ambiguities in pollution coverage?

Article Abstract:

Standardized pollution liability insurance policies were rewritten during the 1980s to eliminate ambiguous language and to narrow the duty of insurers to defend and indemnify under such policies. The former wording of 'sudden and accidental' in pollution exclusion clauses gave rise to litigation and inconsistent rulings. The new absolute pollution exclusion has eliminated many claims and been upheld by most courts, but exceptions remain.

Interpretation and construction, Contracts, Pollution liability insurance, Insurance policies

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