Lucian Bebchuk and I. P. L. P'ng, "Damage Measures for Inadvertent Breach of Contract," 19 International Review of Law and Economics 319-331 (1999).Abstract: We analyze situations of inadvertant rather than deliberate breach and consider the role of alternative damages remedies. Expectation damages induce excessive reliance, while reliance damages induce excessive reliance and under-efficient precaution. Overall, expectation damages are Pareto-superior to reliance damages.
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