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Full-Text Articles in Law

The Efficiency Of Specific Performance: Toward A Unified Theory Of Contract Remedies, Thomas S. Ulen Nov 1984

The Efficiency Of Specific Performance: Toward A Unified Theory Of Contract Remedies, Thomas S. Ulen

Michigan Law Review

The purpose of this essay is to begin the development of an integrated theory of contract remedies by delineating the circumstances under which courts should simply enforce a stipulated remedy clause or grant relief to the innocent party in the form of damages or specific performance. The conclusion, in brief, is that in the absence of stipulated remedies in the contract that survive scrutiny on the usual formation defenses, specific performance is more likely than any form of money damages to achieve efficiency in the exchange and breach of reciprocal promises. If specific performance is the routine remedy for breach, …


The Promise Of The Future--And Vice Versa: Some Reflections On The Metamorphosis Of Contract Law, Charles L. Knapp Feb 1984

The Promise Of The Future--And Vice Versa: Some Reflections On The Metamorphosis Of Contract Law, Charles L. Knapp

Michigan Law Review

A Review of Contracts by E. Allan Farnsworth