DISGORGEMENT DAMAGES FOR BREACH OF CONTRACT
نویسندگان
چکیده
منابع مشابه
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...
متن کاملSpecific 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...
متن کاملRemedies for Breach of Contract: Expectation, Reliance, Restitution, Disgorgement, and Restoration of the Contractual Equivalence
II. Legal Doctrines A. Restoration of the Equivalence Broken by Partial or Defective Performance 1. Damages for Vendor’s Breach in Land Sales and Price Abatement Ancillary to Specific Performance 2. Rent Abatement for Breach of Warranty of Habitability and other Obligations 3. Price Reduction under the CISG 4. Monetary Restitution for Non-Monetary Performance in Divisible Contracts B. Restorati...
متن کاملRestitutionary 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...
متن کاملReview Essays and Book Reviews
In her engaging and useful book, Accounting for Profit for Breach of Contract: Theory and Practice, Katy Barnett presents a theory of disgorgement damages for breach of contract. This is a welcome publication, as disgorgement damages continue to present both theoretical and practical puzzles for the law of contract, and Barnett makes a valuable contribution to this important topic. By way of ba...
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ژورنال
عنوان ژورنال: The Denning Law Journal
سال: 2012
ISSN: 0269-1922
DOI: 10.5750/dlj.v20i1.326