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The availability of gain-based damages for breach of contract

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dc.contributor.author Maharaj, Krishneel
dc.date.accessioned 2012-04-18T17:54:19Z
dc.date.available 2012-04-18T17:54:19Z
dc.date.copyright 2012 en_US
dc.date.issued 2012-04-18
dc.identifier.uri http://hdl.handle.net/2429/42060
dc.description.abstract This thesis examines, from an economic perspective, the problem of determining when and whether gain-based damages are an appropriate response to a breach of contract. Starting from the premise that such a remedy is needed to protect the integrity of contract’s institutional function, consideration is then given to the nature of that function and how gain-based damages may support it. The conclusion reached is that contract’s legal function is essentially economic and that gain-based damages may be of aid to courts in remedying inefficient outcomes arising from breach of contract, preventing economically inefficient breaches. The nature of a gain-based remedy is then explored, and enquiry is made into the potential means for developing such a remedy. After considering the potential to adapt a number of existing remedies, the thesis concludes that only an entirely novel development will fulfil the function of the remedy required, as adapting existing remedies will only create difficulties in other areas of law. en_US
dc.language.iso eng en_US
dc.publisher University of British Columbia en
dc.title The availability of gain-based damages for breach of contract en_US
dc.type Electronic Thesis or Dissertation en
dc.degree.name Master of Laws - LLM en_US
dc.degree.discipline Law en_US
dc.degree.grantor University of British Columbia en
dc.date.graduation 2012-05 en_US
dc.degree.campus UBCV en_US
dc.description.scholarlevel Graduate en


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