Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

If a breach of contract is both material and opportunistic, the injured promisee has a claim in restitution to the profit realized by the defaulting

If a breach of contract is both material and opportunistic, the injured promisee has a claim in restitution to the profit realized by the defaulting promisor as a result of the breach. Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee. Commentators have described section 39's adoption as the equivalent of a "quiet revolution" that "is breathtaking in its potential transformation of the traditional contractual landscape." Caprice L. Roberts, Restitutionary Disgorgement as a Moral Compass for Breach of Contract, 77 U. Cin. L. Rev 991, 993 (2009).  

What is so revolutionary about this provision?  How does it differ from the traditional approach to contract damages described in your textbook? Provisions in the Restatement are not legally binding unless and until they are adopted in a particular jurisdiction.  Would you encourage your jurisdiction to adopt section 39?  Why or why not?

Step by Step Solution

3.52 Rating (162 Votes )

There are 3 Steps involved in it

Step: 1

The revolutionary aspect of section 39 lies in its departure from the traditional approach to contract damages and its introduction of restitution wit... blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Smith and Roberson Business Law

Authors: Richard A. Mann, Barry S. Roberts

15th Edition

1285141903, 1285141903, 9781285141909, 978-0538473637

More Books

Students also viewed these Law questions

Question

Distinguish between appeal by right and writ of certiorari.

Answered: 1 week ago