Restitution in a Contractual Context

Restitution Without Context: An Examination of the Losing Contract Problem in the Restatement (Third) of Restitution

Remedies 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...

A Contractual Anonymity System

We propose, develop, and implement techniques for achieving contractual anonymity. In contractual anonymity, a user and service provider enter into an anonymity contract. The user is guaranteed anonymity and message unlinkability from the contractual anonymity system unless she breaks the contract. The service provider is guaranteed that it can identify users who break the contract. The signifi...

Contractual Incompleteness: a Transactional Perspective

Recent scholarship in the field of contract law has concentrated on contractual incompleteness—that is, on the fact that except in the simplest and most basic transactions, contracting parties do not work out all of the relevant details and contingencies of their relationship at the outset. The reasons for incomplete contracts are varied. Sometimes parties deliberately leave terms unresolved, t...

Contractual Traps

In numerous economic scenarios, contracting parties may not have a clear picture of all the relevant aspects. While confronted with these unawareness issues, the strategic decisions of the contracting parties critically depend on their sophistication. A contracting party may be unaware of what she is entitled to determine. Therefore, she can only infer some missing pieces via the contract offer...