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A Perennial Misstep: From Cajetan to Fuller and Perdue to "Efficient Breach"
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August 27, 2001
When the plaintiff sues for expectation damages or specific performance, it would seem that he is asking, not merely to be compensated for a loss, but to receive a benefit he never had before. That assumption underlies, not only the thesis of Fuller and Perdue, but also a similar position taken by the philosopher-jurist Cajetan four centuries earlier. It was answered successfully in Cajetan's own day. If we understand that answer, we can see what is the matter, not only with the work of Fuller and Perdue, but also with the theory of efficient breach.
Published Online: 2001-8-27
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Articles in the same Issue
- Article
- `The Reliance Interest in Contract Damages' and the Morality of Contract Law
- How We Got This Way: Further Thoughts on Fuller and Perdue
- A Comment on Fuller and Perdue, the Reliance Interest in Contract Damages
- A Perennial Misstep: From Cajetan to Fuller and Perdue to "Efficient Breach"
- The Expectation and Reliance Interests in Contract Theory: A Reply to Fuller and Perdue
Articles in the same Issue
- Article
- `The Reliance Interest in Contract Damages' and the Morality of Contract Law
- How We Got This Way: Further Thoughts on Fuller and Perdue
- A Comment on Fuller and Perdue, the Reliance Interest in Contract Damages
- A Perennial Misstep: From Cajetan to Fuller and Perdue to "Efficient Breach"
- The Expectation and Reliance Interests in Contract Theory: A Reply to Fuller and Perdue
