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