Over- and Undercompensation

Oliver Hofmann ()
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Oliver Hofmann: University of Hamburg

Chapter Chapter 5 in Breach of Contract, 2021, pp 67-99 from Springer

Abstract: Abstract This chapter discusses the consequences if expectation damages do not make the buyer indifferent but are either over- or undercompensatory. The specific performance gives the buyer the power to gain at least his valuation by claiming performance. The buyer would not excuse the seller from her obligation for a side payment less than his valuation (Depoorter and Tontrup 2012, p. 677). This part of the analysis concentrates on expectation damages and refers to specific performance only to highlight differences or similarities. The analysis starts with undercompensatory damages, i.e., a shortfall, proceeds with overcompensatory damages, and concludes with the results.

Date: 2021
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DOI: 10.1007/978-3-030-62525-2_5

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