Earlier we explained that specific performance is the usual remedy for breach of a contract to deliver

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Earlier we explained that specific performance is the usual remedy for breach of a contract to deliver goods for which no close substitutes exist, whereas damages are the usual remedy when close substitutes exist. Use the “closeness of substitutes” to explain why the death of an artist releases his estate from any contracts that he signed to paint portraits, whereas the death of a house painter does not release her estate from contracts that she signed to paint houses.

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Law and economics

ISBN: 978-0132540650

6th Edition

Authors: Robert cooter, Thomas ulen

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