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Executory Contracts, Expectation Damages, and the Economic Analysis of Contract

P. S. Atiyah

in Essays on Contract

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198254447
eISBN:
9780191681493
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254447.003.0007
Subject:
Law, Law of Obligations

This chapter aims to discover whether the present law of contract strikes the right balance between formal and substantive reasons. It attempts to answer the question of whether, in a wholly ... More


Efficient Breach

Gregory Klass

in Philosophical Foundations of Contract Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198713012
eISBN:
9780191781414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198713012.003.0018
Subject:
Law, Philosophy of Law, Law of Obligations

The theory of efficient breach is the best-known and most controversial product of the economic analysis of contract law. In its simplest form, the theory argues that expectation damages are good ... More


Critiques of the Expectation Measure, and Alternative Damage Regimes

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0022
Subject:
Law, Company and Commercial Law

Chapter 22 considers critiques of the expectation measure of damages and alternative damages regime that have been proposed. Most or all of these critiques argue that a given alternative damages ... More


Other Limitations on Expectation Damages: Litigation Costs, the Time Value of Forgone Gains, and the Risk of the Promisor’s Insolvency

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0020
Subject:
Law, Company and Commercial Law

Chapter 20 concerns limitations on expectation damages other than the principle of Hadley v. Baxendale and the certainty principle. The most significant limitation is that generally speaking, under ... More


Damages for a Purchaser’s Breach of a Contract for the Provision of an Off-the-Shelf Commodity

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0016
Subject:
Law, Company and Commercial Law

Chapter 16 concerns breach of contracts for the purchase of a commodity in cases where the commodity is standardized, the purchaser is a consumer, the provider is a firm, the provider’s variable ... More


The Principle of Substantial Performance

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0051
Subject:
Law, Company and Commercial Law

Chapter 51 concerns the principle of substantial performance. Suppose a promisor has committed a breach but has substantially performed the contract. Under the principle of substantial performance ... More


Sharing Ex Ante and Sharing Ex Post: The Non-Contractual Basis of Fiduciary Relations

Daniel Markovits

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0011
Subject:
Law, Philosophy of Law, Law of Obligations

Contract sharing and fiduciary sharing proceed qualitatively differently; contract and fiduciary relations display distinct structures; and contracting parties and fiduciaries assume distinct ... More


The Limits of Promise

Prince Saprai

in Contract Law Without Foundations: Toward a Republican Theory of Contract Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198779018
eISBN:
9780191824050
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198779018.003.0003
Subject:
Law, Company and Commercial Law

This chapter critically assesses three ways in which promise might plausibly claim to play a ‘foundational’ or special justificatory role in contract. According to ‘justificatory necessity’, promise ... More


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