Campbell, David (2015) Better than Fuller : a two interests model of remedies for breach of contract. Modern Law Review, 78 (2). pp. 296-323. ISSN 0026-7961
Better_than_Fuller.pdf - Accepted Version
Available under License Creative Commons Attribution-NonCommercial.
Download (205kB)
Abstract
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.