Corrective Justice, Freedom of Contract, and the European Contract Law

Individual Rights and Contract: (Freedom and Reciprocity in Contract Law)

Contractual Performance, Corrective Justice, and Disgorgement for Breach of Contract

This paper is about the remedy of disgorgement for breach of contract. In it I argue for two conclusions. I first argue that, prima facie at least, disgorgement damages for breach of contract present something of a puzzle. But second, I argue that if we pay close attention to the notion of contractual performance, this puzzle can be resolved in a way that is consistent with principles of correc...

The principles Govering Remedies for Breach of Contract According to Expectation Interest In The Modern European law and Iranian law

Freedom of choosing an efficient remedy after the breach of contract, Cumulation of homogeneous remedies and the right to change the selected remedy in modern European contract law have been accepted via the approach of support of the injured party`s expectation interest‌‌‌. The consideration of these principles indicates that the remedies for breach of contract are not concerned in itself and ...

entire contract clause under english and iranian laws, the principles of european contract law and unidroit

a contractual relationship is commonly based on statements, expectations, acts and omissions out of which some will, and others will not, give rise to contractual obligations. to avoid uncertainty as to what is agreed, the contract parties often enter into a written contract that is supposed to express the final agreement between them and prevent the parties from relying on rights and obligatio...

Undermining Justice: The Two Rises of Freedom of Contract and the Fall of Equity*

This article explores a crucial moment in American legal history, known as the Lochner era, in which the rise of freedom of contract was sharp enough to defeat equity concerns, and then argues that a second rise of the freedom of contract has recently been developed by the Supreme Court in the domain of arbitration agreements. It contends that this second rise is not only a revival of Lochneris...