‘Fuller & Perdue: The Gap Between Motive and Measure’

“Lon Fuller and William Perdue’s The Reliance Interest in Contract Damages: 1, 46 Yale LJ 52 (1936), is best known for its analytic claim that there are three basic measures of contract damages: restitution, reliance and expectation. Also familiar are the article’s normative and descriptive theses: that that the reason for judicial intervention decreases as one moves from restitution to reliance and then from reliance to pure expectation, and that in many cases courts calculate damages with an eye to compensating reliance rather than fulfilling the promisee’s expectation …” (more)

[Greg Klass, New Private Law, 7 May]

First posted 2015-05-07 06:34:50

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