Breach of Contract and Damages for Non-Pecuniary Loss

Specific Performance versus Damages for Breach of Contract

When would parties to a contract want performance to be specifically required, and when would they prefer payment of money damages to be the remedy for breach? This fundamental question is studied here, and an answer is provided that is based on a simple distinction between contracts to produce goods and contracts to convey property. Setting aside qualifications, the conclusion for breach of co...

Restitutionary Damages for Breach of

This article focuses on cases of restitution within contract, investigating the normative desirability of enabling a promisee to pursue the profits derived by the promisor through a breach of contract as an alternative pecuniary remedy of wide applicability. Situated at the frontier of both contractual and restitutionary liability, the question of whether restitutionary damages for breach of co...

Eliciting GPs' preferences for pecuniary and non-pecuniary job characteristics.

This study examines General Practitioners' preferences for pecuniary and non-pecuniary job characteristics in the context of choosing a general practice in which to work. A discrete choice experiment is used to test hypotheses about the nature of the utility function. Marginal rates of substitution between income and non-pecuniary characteristics are calculated. The results suggest that policie...

Contracts — Damages — Burden of Proof on Elements of Damage in Actions for Breach of a Correspondence School Contract

Contractual Performance, Corrective Justice, and Disgorgement for Breach of Contract

This paper is about the remedy of disgorgement for breach of contract. In it I argue for two conclusions. I first argue that, prima facie at least, disgorgement damages for breach of contract present something of a puzzle. But second, I argue that if we pay close attention to the notion of contractual performance, this puzzle can be resolved in a way that is consistent with principles of correc...