A General Theory for Measuring Seller's Damages for Total Breach of Contract

Authors

Robert J. Harris, University of Michigan Law SchoolFollow

Abstract

This article is concerned with the legal rules which should govern the process of valuing what plaintiff saved by exercising his power to stop further performance upon notice of defendant's serious breach. Where plaintiff is a "buyer" (whether he buys land, services, personality, or the temporary use of some kind of property), and he was to pay the price in dollars, few difficulties arise in valuing his saved performance. But if he was a "seller" of any of those commodities, valuation is hard. Thus our inquiry is chiefly concerned with cases in which plaintiff is a "seller," not a "buyer."

Recommended Citation

Robert J. Harris, A General Theory for Measuring Seller's Damages for Total Breach of Contract, 60 Mich. L. Rev. 577 (1962).
Available at: https://repository.law.umich.edu/mlr/vol60/iss5/3