Damage Measures and Economic Rationality: The Geometry of Contract Law

Birmingham, Robert L.

Journal: Duke Law Journal

Volume: 18

First Page: 49

Year: 1969

Bluebook Citation: 18 DUKE L.J. 49 (1969)

Author: Robert L. Birmingham: all 22 publications


Abstract

The question of damage measures presented by the conscious decision of a promisor to breach a losing contract raises one of the most perplexing conceptual problems in contract law. Recognizing the present inability of the courts rationally to resolve the problem, as illustrated by the opposing decisions in Groves v. John Wunder Company and Peevyhouse v. Garland Coal and Mining Company, the author undertakes to examine the premises of contract law with a fresh perspective-economic analysis.

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.