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Title: Damage measures for inadvertant breach of contract
Authors: Bebchuk, L.A.
Png, I.P.L. 
Issue Date: 1999
Citation: Bebchuk, L.A.,Png, I.P.L. (1999). Damage measures for inadvertant breach of contract. International Review of Law and Economics 19 (3) : 319-331. ScholarBank@NUS Repository.
Abstract: We analyze contractual situations where breach is inadvertant rather than deliberate. We consider the effects of alternative remedies for breach on ex ante precaution and reliance decisions. Neither the expectation measure nor the reliance measure of damages induces efficient precautions and reliance. The expectation measure leads to excessive reliance, while the reliance measure leads to excessive reliance and less than efficient precaution. The expectation measure, however, is Pareto-superior to the reliance measure. This result is robust to various informational assumptions. © 1999 by Elsevier Science Inc.
Source Title: International Review of Law and Economics
ISSN: 01448188
Appears in Collections:Staff Publications

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