To pay or to convey?: a theory of remedies for breach of real estate contracts
Article Abstract:
Expectation damages should be granted rather than specific performance as a remedy for breach of contract in real estate cases. Expectation damages are monetary awards intended to compensate the injured party for the value that would have been realized if the transaction had taken place. Expectation damages thus meet the goal of fully compensating the non-breaching party, but with lower social costs than those incurred through specific performance. Specific performance tends to raise prices by increasing the cost of assigning property to its highest valued use.
Publication Name: Annual Survey of American Law
Subject: Law
ISSN: 0066-4413
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Never lose a stock certificate!
Article Abstract:
Uncertificated securities may be useful for close corporation shares, especially since lost certificates for closely held corporations can create indemnity and sales problems. If applicable state laws permit uncertificated securities, such shares can be issued so long as they comply with requirements under UCC Article 8. The initial transaction statement, transfer instructions, applicability of this method to limited partnerships, and the use of a so-called blank corporate seal are also described.
Publication Name: Uniform Commercial Code Law Journal
Subject: Law
ISSN: 0041-672X
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
The misappropriation theory as a corollary to the classic insider trading theory
Article Abstract:
The misappropriation theory was incorrectly invalidated by the Fourth Circuit in the Bryan case, given that the classic insider trading theory upheld by the US Supreme Court suffers from the same flaws. The Supreme Court's extension of insider trading liability in Dirks was based on the classic theory, but the ruling appears reconcilable with misappropriation theory principles. Therefore, a revamped misappropriation theory conceivably could be declared valid.
Publication Name: Annual Survey of American Law
Subject: Law
ISSN: 0066-4413
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: The implied covenant of good faith and fair dealing in insurance contracts in Delaware. Japan's new product liability law: the citadel of strict liability falls, but access to recovery is limited by formidable barriers
- Abstracts: Congress turns to violence as safety reps focus on stress and overwork. Preventing violence to retail staff at Thresher
- Abstracts: When electricity went to market. Qualified plans for service partnerships, professional corps
- Abstracts: Hostile tender offers: can the states shut them down? An argument for invalidating change of control covenants
- Abstracts: Another piece of the Federal Arbitration Act policy puzzle. Developments in employment arbitration. 'BMW of North America, Inc. v. Gore': constitutional challenges to excessive punitive damage awards