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    Rights statement: This is the peer reviewed version of the following article: Campbell, D. (2015), Better than Fuller: A Two Interests Model of Remedies for Breach of Contract. The Modern Law Review, 78: 296–323. doi: 10.1111/1468-2230.12116 which has been published in final form at http://onlinelibrary.wiley.com/doi/10.1111/1468-2230.12116/abstract This article may be used for non-commercial purposes in accordance With Wiley Terms and Conditions for self-archiving.

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Better than Fuller: a two interests model of remedies for breach of contract

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Better than Fuller : a two interests model of remedies for breach of contract. / Campbell, David.

In: Modern Law Review, Vol. 78, No. 2, 30.03.2015, p. 296-323.

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Campbell, David. / Better than Fuller : a two interests model of remedies for breach of contract. In: Modern Law Review. 2015 ; Vol. 78, No. 2. pp. 296-323.

Bibtex

@article{3a420ed5a31843429494bf14ebafd0f0,
title = "Better than Fuller: a two interests model of remedies for breach of contract",
abstract = "The attempt to combine the contractual interests properly so-called with the restitution interest in the Fuller and Purdue three interests model of remedies for breach of contract is ineradicably incoherent. Stimulated by reflection on contemporary restitution doctrine{\textquoteright}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.",
keywords = "recovery, quantum meruit, quasi-contract, restitution, Lon Fuller",
author = "David Campbell",
note = "This is the peer reviewed version of the following article: Campbell, D. (2015), Better than Fuller: A Two Interests Model of Remedies for Breach of Contract. The Modern Law Review, 78: 296–323. doi: 10.1111/1468-2230.12116 which has been published in final form at http://onlinelibrary.wiley.com/doi/10.1111/1468-2230.12116/abstract This article may be used for non-commercial purposes in accordance With Wiley Terms and Conditions for self-archiving.",
year = "2015",
month = mar,
day = "30",
doi = "10.1111/1468-2230.12116",
language = "English",
volume = "78",
pages = "296--323",
journal = "Modern Law Review",
issn = "0026-7961",
publisher = "Wiley-Blackwell",
number = "2",

}

RIS

TY - JOUR

T1 - Better than Fuller

T2 - a two interests model of remedies for breach of contract

AU - Campbell, David

N1 - This is the peer reviewed version of the following article: Campbell, D. (2015), Better than Fuller: A Two Interests Model of Remedies for Breach of Contract. The Modern Law Review, 78: 296–323. doi: 10.1111/1468-2230.12116 which has been published in final form at http://onlinelibrary.wiley.com/doi/10.1111/1468-2230.12116/abstract This article may be used for non-commercial purposes in accordance With Wiley Terms and Conditions for self-archiving.

PY - 2015/3/30

Y1 - 2015/3/30

N2 - The attempt to combine the contractual interests properly so-called with the restitution interest in the Fuller and Purdue 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.

AB - The attempt to combine the contractual interests properly so-called with the restitution interest in the Fuller and Purdue 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.

KW - recovery

KW - quantum meruit

KW - quasi-contract

KW - restitution

KW - Lon Fuller

U2 - 10.1111/1468-2230.12116

DO - 10.1111/1468-2230.12116

M3 - Journal article

VL - 78

SP - 296

EP - 323

JO - Modern Law Review

JF - Modern Law Review

SN - 0026-7961

IS - 2

ER -