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Contracts

2015

Selected Works

Melvin A. Eisenberg

Articles 1 - 6 of 6

Full-Text Articles in Law

Contract Law: Selected Source Materials Annotated, 2013 Ed., Steven Burton, Melvin Eisenberg Mar 2015

Contract Law: Selected Source Materials Annotated, 2013 Ed., Steven Burton, Melvin Eisenberg

Melvin A. Eisenberg

No abstract provided.


Contract Law: Selected Source Materials Annotated, 2011 Ed., Steven Burton, Melvin Eisenberg Mar 2015

Contract Law: Selected Source Materials Annotated, 2011 Ed., Steven Burton, Melvin Eisenberg

Melvin A. Eisenberg

No abstract provided.


The Expectation Measure And Its Discontents, Shawn J. Bayern, Melvin A. Eisenberg Mar 2015

The Expectation Measure And Its Discontents, Shawn J. Bayern, Melvin A. Eisenberg

Melvin A. Eisenberg

No abstract provided.


Contract Law: Selected Source Materials Annotated, 2012 Ed., Steven Burton, Melvin Eisenberg Mar 2015

Contract Law: Selected Source Materials Annotated, 2012 Ed., Steven Burton, Melvin Eisenberg

Melvin A. Eisenberg

No abstract provided.


The Disgorgement Interest In Contract Law, Melvin A. Eisenberg Mar 2015

The Disgorgement Interest In Contract Law, Melvin A. Eisenberg

Melvin A. Eisenberg

Restatement Second of Contracts provided that contract law serves to protect one or more of three interests: the expectation interest, the reliance interest, and the restitution interest. There is, however, a fourth interest that contract law should and does protect: the disgorgement interest, which is the promisee's interest in requiring the promisor to disgorge a gain that was made possible by the promisor's breach, but did not consist of a benefit conferred on the promisor by the promisee. It is not clear why Restatement Second excluded the disgorgement interest. Perhaps the drafters believed that this position was compelled by positive …


The Principle Of Hadley V. Baxendale, Melvin Aron Eisenberg Mar 2015

The Principle Of Hadley V. Baxendale, Melvin Aron Eisenberg

Melvin A. Eisenberg

No abstract provided.