1. Law and Economics-Charles W. Upton Remedies for Breach

2. Three Principles There are occasions when we want people to breach contracts.

3. Remedies for Breach Three Principles There are occasions when we want people to breach contracts. But they should pay damages as a deterrence to breach when it is not optimal.

4. Remedies for Breach Three Principles There are occasions when we want people to breach contracts. But they should pay damages as a deterrence to breach when it is not optimal. At the same time, we want to avoid over- reliance on contracts.

5. Remedies for Breach Some Measures of Damages Expectation Damages –Restoring the injured party to where he would be had the contract been performed.

6. Remedies for Breach Three Measures of Damages Expectation Damages Reliance Damages –Compensating the injured party for any out of pocket costs incurred because of the contract. That is, making him as well off as he would be without the contract.

7. Remedies for Breach Three Measures of Damages Expectation Damages Reliance Damages Opportunity Cost –Restoring the injured party to where he could have been had he made another contract.

8. Remedies for Breach A Night at the Opera Acme Ticket Agency offers to sell John opera tickets at a price p a. Acme buys the tickets for p w. Acme breaches and John must pay a scalper p s.

9. Remedies for Breach A Night at the Opera Acme Ticket Agency offers to sell John opera tickets at a price p a. Acme buys the tickets for p w. Acme breaches and John must pay a scalper p s. Expectation damages –John is out p s -p a.

10. Remedies for Breach A Night at the Opera Acme Ticket Agency offers to sell John opera tickets at a price p a. Acme buys the tickets for p w. Acme breaches and John must pay a scalper p s. Expectation damages Reliance Damages. –John could have bought from Bijou for p b. Reliance damages are p s -p b.

11. Remedies for Breach A Night at the Opera Acme Ticket Agency offers to sell John opera tickets at a price p a. Acme buys the tickets for p w. Acme breaches and John must pay a scalper p s. Expectation damages Reliance Damages. Opportunity cost. –John has prepaid for a limo for the evening. He is out p L.

12. Remedies for Breach The Cancelled Party John contracts with Sam for a party. Cost = $1000, Profit = $600.

13. Remedies for Breach The Cancelled Party John contracts with Sam for a party. Cost = $1000, Profit = $600. Before John cancels, Sam has bought $300 of food, which he resells for $200.

14. Remedies for Breach The Cancelled Party John contracts with Sam for a party. Cost = $1000, Profit = $600. Before John cancels, Sam has bought $300 of food, which he resells for $200. If Sam had not taken this job, he would have gotten a job with a profit of $450

15. Remedies for Breach The Cancelled Party John contracts with Sam for a party. Cost = $1000, Profit = $600. Before John cancels, Sam has bought $300 of food, which he resells for $200. If Sam had not taken this job, he would have gotten a job with a profit of $450 Expectation damages = $700; the $600 lost profit and the $100 lost on the food.

16. Remedies for Breach The Cancelled Party John contracts with Sam for a party. Cost = $1000, Profit = $600. Before John cancels, Sam has bought $300 of food, which he resells for $200. If Sam had not taken this job, he would have gotten a job with a profit of $450 Expectation damages = $700; the $600 lost profit and the $100 lost on the food. Reliance damages = $100, what Sam lost on the food.

17. Remedies for Breach The Cancelled Party John contracts with Sam for a party. Cost = $1000, Profit = $600. Before John cancels, Sam has bought $300 of food, which he resells for $200. If Sam had not taken this job, he would have gotten a job with a profit of $450 Expectation damages = $700; the $600 lost profit and the $100 lost on the food. Reliance damages = $100, what Sam lost on the food. Opportunity Cost = $550, $100 for the food and $450 lost profit.

18. Remedies for Breach The Injured Hand Mr. Hawkins has a badly scared hand. A doctor persuades him, at age 18, to undergo an operation, which will make the hand perfect.

19. Remedies for Breach The Injured Hand Mr. Hawkins has a badly scared hand. A doctor persuades him, at age 18, to undergo an operation, which will make the hand perfect. He forgoes an operation which would make the hand better, but not perfect.

20. Remedies for Breach The Injured Hand Mr. Hawkins has a badly scared hand. A doctor persuades him, at age 18, to undergo an operation, which will make the hand perfect. He forgoes an operation which would make the hand better, but not perfect. In fact the operation is a disaster. The scar is worse and hair begins to grow in the palm.

21. Remedies for Breach The Injured Hand Mr. Hawkins has a badly scared hand. A doctor persuades him, at age 18, to undergo an operation, which will make the hand perfect. He forgoes an operation which would make the hand better, but not perfect. In fact the operation is a disaster. The scar is worse and hair begins to grow in the palm. So, how much?

22. Remedies for Breach OG Quality of Hand AB O P A = After B = Before O = Other Procedure P = Perfect Hand

23. Remedies for Breach OG Quality of Hand AB O P Three indifference curves between other goods and quality of the hand. They go through different states of the hand.

24. Remedies for Breach OG Quality of Hand AB O P Reliance Damages

25. Remedies for Breach OG Quality of Hand AB O P Opportunity Cost Damages

26. Remedies for Breach OG Quality of Hand AB O P Expectation Damages

27. Remedies for Breach The Problems Expectation Damages are sometimes hard to measure –What is the value of a perfect hand? They may lead to over-reliance.

28. Remedies for Breach End ©2004 Charles W. Upton