The Myth of Efficient Breach: New Defenses of Expectation Interest (with Daniel Markovits), 97 Virginia Law Review 1939 (2011)
Contract remedies have long sought to protect the gains that parties contract to realize. Although the Restatement recognizes three distinct contractual interests–expectation, reliance, and restitution–it expressly privileges the expectation interest over the other two. Courts "[o]rdinarily ... enforce the broken promise by protecting the expectation that the injured party had when he made the contract."
Date of Authorship for this Version
Schwartz, Alan, "The Myth of Efficient Breach: New Defenses of Expectation Interest" (2011). Faculty Scholarship Series. Paper 4165.