Better than F uller
A Two Interests Model of Remedies for Breach of Contract
Bibliographic Data
| ID | 9194603 |
|---|---|
| Authors | David Campbell (0000-0003-0525-8150, Lancaster University, corresponding author) |
| Year | 2015 |
| Volume | 78 |
| Issue | 2 |
| Pages | 296-323 |
| Publication date | 2015-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/1468-2230.12116 |
| OpenAlex | W1604233391 |
| Language | EN |
| References cited | 29 |
The attempt to combine the contractual interests properly so‐called with the restitution interest in the F uller and P urdue 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
Breach of contract · Business · Damages · Doctrine · Economics · Law and economics · Political science · Restitution · Unjust enrichment · Free Will and Agency · Law · Law, Economics, and Judicial Systems · Legal principles and applications
Classification and the Crisis of the Common Law
Remedies in Contract and Tort
The Extinguishing of Contract
Restitutionary Remedies in the Contractual Context
Good Faith and the Ubiquity of the ‘Relational’ Contract
In Defence of Quasi‐Contract
Unjust Enrichment and Contract
Contract Theory and Gain‐Based Recovery
The Treatment of Teacher v Calder in AG v Blake
| Citation velocity | historical |
|---|---|
| Highly cited | No |