Inducing Breach of Contract, Conversion and Contract as Property

Property Versus Contract.∗

There is a fundamental trade-off between protecting property rights and enhancing reliance on contracts when intermediaries have the opportunity to transfer goods without the owner’s consent. If buyers value the good more than original owners, protection of property misallocates value. Instead, enhancing the buyers’ reliance on contracts causes misallocation if owners have the higher valuation....

Intellectual Property and the Law of Contract: The Case Against "Efficient Breach"

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...

Boundaries of Extracompensatory Relief for Abusive Breach of Contract, The

Working Paper Department of Economics Breach of Contract, I