Abstract

When the plaintiff sues for expectation damages or specific performance, it would seem that he is asking, not merely to be compensated for a loss, but to receive a benefit he never had before. That assumption underlies, not only the thesis of Fuller and Perdue, but also a similar position taken by the philosopher-jurist Cajetan four centuries earlier. It was answered successfully in Cajetan's own day. If we understand that answer, we can see what is the matter, not only with the work of Fuller and Perdue, but also with the theory of efficient breach.

Recommended Citation

James Gordley, "A Perennial Misstep: From Cajetan to Fuller and Perdue to "Efficient Breach"" Issues in Legal Scholarship, Symposium: Fuller and Perdue (2001): Article 4.
http://www.bepress.com/ils/iss1/art4