Abstract:
The attempt to combine the contractual interests properly so-called with the restitution interest in the Fuller and Purdue three interests model of remedies for breach of contract is ineradicably incoherent. Stimulated by reflection on contemporary restitution doctrine’s understanding of the quasi-contractual remedies of recovery and quantum meruit, this paper argues that the complete elimination from the law of contract of the restitution interest, which incorporates those remedies into the three interests model, would improve both the coherence of the model of contractual interests and the substantive law of remedies for breach.
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David Campbell, Better than Fuller: A Two Interests Model of Remedies for Breach of Contract. Modern Law Review, Volume 78, Issue 2, pages 296–323, March 2015. Article first published online: 2 MAR 2015. DOI: 10.1111/1468-2230.12116.
First posted 2015-03-03 06:23:56
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