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.
Accepted author manuscript, 201 KB, PDF document
Available under license: CC BY-NC: Creative Commons Attribution-NonCommercial 4.0 International License
Final published version
Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
}
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 -