Reliance Interest and Restitutional Damages - Reconsidering dichotomy between reliance interest and expectation interest -

2012 ◽  
Vol 36 (null) ◽  
pp. 159-204
Author(s):  
서종희
Keyword(s):  
2019 ◽  
pp. 288-323
Author(s):  
Richard Taylor ◽  
Damian Taylor

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.


Author(s):  
Richard Taylor ◽  
Damian Taylor

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.


Author(s):  
Andrew Burrows

The term ‘reliance interest’ was coined by Fuller and Perdue, whose classic article ‘The Reliance Interest in Contract Damages’ first clarified and explored the different possible objectives of damages for breach of contract. The aim of damages protecting the reliance interest is, according to Fuller and Perdue, ‘… to put the plaintiff in as good a position as he was in before the promise was made’. This can alternatively and preferably be expressed as aiming to put the claimant into as good a position as she would have been in if no contract had been made.


1937 ◽  
Vol 46 (3) ◽  
pp. 373 ◽  
Author(s):  
L. L. Fuller ◽  
William R. Perdue
Keyword(s):  

1988 ◽  
Vol 40 (3) ◽  
pp. 611 ◽  
Author(s):  
Joseph William Singer
Keyword(s):  

2021 ◽  
pp. 290-326
Author(s):  
Richard Taylor ◽  
Damian Taylor

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.


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