Private Law Theory

Abstract:
Calabresi and Melamed’s concepts of property rules and liability rules apply to contractual entitlements. The structure of consumer’s contractual entitlements resulting from the consumer sales directive fits with the model of property rules. In keeping with such a model, whenever performance-oriented remedies are not available, consumers should be allowed to choose between expectation damages and disgorgement damages.

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Nuno Manuel Pinto Oliveira, Contract Law, Liability Rules, and Property Rules, European Review of Contract Law, Volume 9, Issue 4, Pages 327–344, ISSN (Online) 1614-9939, ISSN (Print) 1614-9920, DOI: 10.1515/ercl-2013-0022, December 2013.

First posted 2013-12-13 07:38:05