Conclusion

Sergio Mittlaender ()
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Sergio Mittlaender: Fundação Getulio Vargas Law School in São Paulo (FGV Direito SP)

Chapter Chapter 7 in Equity, Efficiency, and Ethics in Remedies for Breach of Contract, 2022, pp 207-218 from Springer

Abstract: Abstract The principle of compensation, considered fundamental in the law of remedies for breach of contract both in legal scholarship and in existing law, finds its justification, in promissory and reliance theories, on moral considerations and on the dictates of corrective justice. Economic theories, however, have not addressed the social welfare function that compensation has in providing legal relief for disappointed promisees to redress breach, and accordingly consider compensation as an accessory, secondary, or even disposable principle and purpose in the legal enforcement of contracts. The objective of this thesis was to provide one justification and reason for why compensation is, and should be, fundamental in the law of remedies for breach of contract.

Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:spr:intchp:978-3-031-10804-4_7

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DOI: 10.1007/978-3-031-10804-4_7

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