Rethinking the Law of Contract Damages
In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.
In analyzing direct damages, the author treats the problem as pricing the option to terminate. This sheds light on the question of the date at which damages should be measured and the role of post-breach information in damage assessment. It shows how the treatment of the so-called lost volume seller in both countries results in the court constructing an absurd contract, setting an option price with perverse characteristics. Goldberg then considers two questions regarding consequential damages – the enforceability of consequential damages exclusion clauses and whether the lost profits claims of new businesses should be rejected.
Contracts professors, judges, lawyers and law students will be inspired by this volume to rethink the law of contract damages.
Contracts | Law
Edward Elgar Publishing
“Professor Goldberg’s book provides a wealth of new insights into the English cases on contract damages, through impressively detailed research that includes the unearthing of new materials. Goldberg notes from the outset that he comes to English law ‘as an outsider’ and the lens through which he evaluates the cases rests on a premise that many English contract scholars are unlikely to accept. And yet, as a spur to ‘rethinking’ contract damages, this approach makes a provocative and valuable contribution, and I learned a lot from reading the book.”
—Andrew Summers, London School of Economics, UK
Goldberg, Victor P., "Rethinking the Law of Contract Damages" (2019). Faculty Books. 315.