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Restitution and Contract
Restitution and Contract

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"B. Should the Contract Price operate as a Ceiling on the Restitutionary Award?"--"1. Limitation by Innocent Party's Expectation Loss"--"a. English position" -- "b. American position" -- "2. Limitation by the Pro Rata Contract Price or the Total Contract Price" -- "a. English position" -- "b. American position" -- "c. Australian position" -- "C. Summary" -- "Chapter 4 Claims for Non-Money Benefits II: Analysis of the Position in the Case Law and Proposed Solution" -- "A. Justifications of the Prevailing Position" -- "1. Consistency with Money Claims" -- "2. Rescission Ab Initio" -- "3. Defendant's Fault" -- "4. Criticism of Pro Rata Contract Price or Total Contract Price Limits" -- "a. Reasons against the pro rata contract price as a limit" -- "b. Reasons against the total contract price as a limit" -- "B. Criticisms of the Prevailing Position" -- "1. Absurdity of Allowing Recovery of more for Part Performance than would have been Paid for Full Performance" -- "2. Re-encountering Subjective Devaluation" -- "3. Restitution as a Secondary rather than a Primary Right" -- "4. Recovery of Reliance Damages Cloaked as Restitution" -- "5. Restitution Deters Efficient Breach" -- "C. Summary and Proposed Solution" -- "1. Summary of Justifications and Criticisms" -- "a. The first version - restitutionary award limited by expectation loss" -- "b. The second version - pro rata contract price or total contract price limits" -- "2. Proposed Solution" -- "Chapter 5 The Position of the Defaulting Party" -- "A. Claims for Money" -- "1. English Position" -- "a. Recovery of money for failure of consideration" -- "b. Escape from a bad bargain?" -- "2. American Position" -- "B. Claims for Non-Money Benefits" -- "1. English Position" -- "a. The "entire contracts" rule" -- "b. Reasons why restitution is denied and arguments against them
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  • Author Andrew Skelton
  • ISBN13 9781138412026
  • ISBN10 1138412023
  • Pages 128
  • Published 2017
  • Fecha de publicación 28/06/2017
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Restitution and Contract

Restitution and Contract

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