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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


Calculating Promises: The Emergence of Modern American Contract Doctrine

Roy Kreitner

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.001.0001
Subject:
Law, Legal History

This book is a history of contract law in the United States around the turn of the twentieth century. It details shifts in our conception of contract by juxtaposing scholarly accounts of contract ... More


Conclusion

Ian Ayres and Gregory Klass

in Insincere Promises: The Law of Misrepresented Intent

Published in print:
2005
Published Online:
October 2013
ISBN:
9780300106756
eISBN:
9780300127133
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300106756.003.0010
Subject:
Law, Company and Commercial Law

This chapter argues that if there is non-performance without excuse, the promisor did not intend to fulfil his promise from the start, and should be therefore liable for damages. It adds that if ... More


Why Promissory Fraud?

Ian Ayres and Gregory Klass

in Insincere Promises: The Law of Misrepresented Intent

Published in print:
2005
Published Online:
October 2013
ISBN:
9780300106756
eISBN:
9780300127133
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300106756.003.0004
Subject:
Law, Company and Commercial Law

This chapter argues that the legal liability for insincere promising is desirable because credible promissory representations can, in different ways, promote efficient contracting, because ... More


The Representation Inquiry: What Does a Promise Say?

Ian Ayres and Gregory Klass

in Insincere Promises: The Law of Misrepresented Intent

Published in print:
2005
Published Online:
October 2013
ISBN:
9780300106756
eISBN:
9780300127133
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300106756.003.0005
Subject:
Law, Company and Commercial Law

This chapter explores the representation inquiry and its legal implications. Representation inquiry is the first question of what the promisor said, explicitly or implicitly, about the probability of ... More


The Veracity and Scienter Inquiries: Evidence of Falsity and Evidence of Culpability

Ian Ayres and Gregory Klass

in Insincere Promises: The Law of Misrepresented Intent

Published in print:
2005
Published Online:
October 2013
ISBN:
9780300106756
eISBN:
9780300127133
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300106756.003.0006
Subject:
Law, Company and Commercial Law

This chapter examines the kinds of evidence that the courts should consider when answering each inquiry. After deciding what a promise says, it is necessary to determine whether it is true or false, ... More


The Theory of Efficient Breach

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/9780199731404.003.0006
Subject:
Law, Company and Commercial Law

Chapter 6 concerns the theory of efficient breach. This theory claims that breach of contract is efficient, and therefore desirable, if the promisor’s gain from breach after payment of the promisee’s ... More


Problems with Moral Principle Accounts

Margaret Gilbert

in Rights and Demands: A Foundational Inquiry

Published in print:
2018
Published Online:
June 2018
ISBN:
9780198813767
eISBN:
9780191851506
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198813767.003.0008
Subject:
Philosophy, Moral Philosophy, Political Philosophy

In offering accounts of the obligation accrued by a promisor on the basis of his promise some theorists invoke a social convention or practice of promising and some do not. Promise theorists of both ... More


Contracts for the Benefit of Third Parties

Hein Kötz

in European Contract Law

Published in print:
2017
Published Online:
March 2021
ISBN:
9780198800040
eISBN:
9780191927904
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198800040.003.0017
Subject:
Law, EU Law

This chapter examines cases where proper performance of a contract would benefit persons other than the contractors themselves, and discusses the question whether a third party should be given a ... More


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