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Better than F uller: A Two Interests Model of Remedies for Breach of Contract
Author(s) -
Campbell David
Publication year - 2015
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12116
Subject(s) - restitution , doctrine , law , breach of contract , unjust enrichment , law and economics , business , economics , political science , damages
The attempt to combine the contractual interests properly so‐called with the restitution interest in the F uller and P urdue three interests model of remedies for breach of contract is ineradicably incoherent. Stimulated by reflection on contemporary restitution doctrine's understanding of the quasi‐contractual remedies of recovery and quantum meruit , this paper argues that the complete elimination from the law of contract of the restitution interest, which incorporates those remedies into the three interests model, would improve both the coherence of the model of contractual interests and the substantive law of remedies for breach.