Jump to ContentJump to Main Navigation
Foundational Principles of Contract Law$
Users without a subscription are not able to see the full content.

Melvin A. Eisenberg

Print publication date: 2018

Print ISBN-13: 9780199731404

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199731404.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 15 September 2019

The Certainty Principle

The Certainty Principle

Chapter:
(p.227) Eighteen The Certainty Principle
Source:
Foundational Principles of Contract Law
Author(s):

Melvin A. Eisenberg

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199731404.003.0018

Chapter 18 concerns the principle of contract law that damages must be proved with reasonable certainty. In practice this principle is usually applied to cut off profits that a promisee claims he would have made if the promisor had performed. Under classical contract law the degree of certainty required to prove lost profits was typically set at a high level and the use of probability-based analysis was explicitly or implicitly rejected. This approach is often referred to as the all-or-nothing rule. It is dramatically out of touch with the reality of probability and has begun to be less widely followed.

Keywords:   certainty, all-or-nothing rule, probability, damages, lost profits

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .