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Foundational Principles of Contract Law$
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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

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Critiques of the Expectation Measure, and Alternative Damage Regimes

Critiques of the Expectation Measure, and Alternative Damage Regimes

Chapter:
(p.269) Twenty-Two Critiques of the Expectation Measure, and Alternative Damage Regimes
Source:
Foundational Principles of Contract Law
Author(s):

Melvin A. Eisenberg

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199731404.003.0022

Chapter 22 considers critiques of the expectation measure of damages and alternative damages regime that have been proposed. Most or all of these critiques argue that a given alternative damages regime would significantly further a worthwhile goal. The validity of the arguments that these alternative regimes would significantly further a worthwhile goal that is not promoted by expectation damages is questionable. In some cases the alternative regime would add only a miniscule incentive to the incentives contracting actors already have. In other cases the desired goal is already incentivized by expectation damages, and in all or almost all cases the alternative regime would be unadministrable.

Keywords:   alternative damages regimes, unadministrable, expectation damages, incentives, contracting actors

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