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PROPORTIONALITY PRINCIPLES IN THE COMMON LAW OF DAMAGES

E. Thomas Sullivan and Richard S. Frase

in Proportionality Principles in American Law: Controlling Excessive Government Actions

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195324938
eISBN:
9780199869411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195324938.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines the development of proportionality principles in the common law limitations on compensatory damages in contract and tort. First, the rule of foreseeable damages and its ... More


Anti-Insurance

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0008
Subject:
Law, Comparative Law

This chapter proposes a novel contract, dubbed “anti-insurance,” that perfectly solves the paradox of compensation. Breach of contract by the promisor poses a risk of loss to the promisee. With ... More


Liquidated Damages

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/9780199731404.003.0023
Subject:
Law, Company and Commercial Law

Chapter 23 considers contract provisions that liquidate—fix—damages for breach. Such provisions are reviewed with special scrutiny. The most general formulation of the special-scrutiny rule is that ... More


Payments Stipulated by the Contract 1

G. H. Treitel

in Remedies for Breach of Contract: A Comparative Account

Published in print:
1988
Published Online:
March 2012
ISBN:
9780198255000
eISBN:
9780191681554
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255000.003.0007
Subject:
Law, Law of Obligations

A contract may contain a stipulation providing for the payment of a fixed amount of money by the debtor in the event of his default. Such a clause is known as a clause pénale in French law and as a ... More


Damages under Korean Law

Tae-Yong AHN

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0008
Subject:
Law, Law of Obligations, Comparative Law

Damages are an important remedy available to the creditor when non-performance and loss are proven. Fault is presumed for non-performance, and exemption on the ground of no fault is rare. Compensable ... More


The Penalties Rule and Compensation

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/9780198779018.003.0008
Subject:
Law, Company and Commercial Law

According to the penalties rule, agreed damages clauses that grossly over-compensate the promisee for breach of contract are invalid and unenforceable. This chapter argues that the ‘promise theory’ ... More


The Performance Interest in Hong Kong Contract Law

Anselmo REYES

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0011
Subject:
Law, Law of Obligations, Comparative Law

Hong Kong has largely followed common law orthodoxy in relation to protecting the performance interest in contract law. The Hong Kong court will not insist that a debtor perform an agreement, if ... More


Specific Remedies and the Performance Interest in Singapore Contract Law

Dora NEO

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0009
Subject:
Law, Law of Obligations, Comparative Law

This chapter examines how, and the extent to which, the performance interest of a party to a contract is protected in Singapore law by the specific remedies of an action for a fixed sum, an action ... More


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