tailieunhanh - Unjustified Enrichment: Key Issues in Comparative Part 6

Hơn nữa, thiệt hại restitutionary yêu cầu bản án, khó khăn về nguyên nhân cũng như ghi lợi nhuận cụ thể (và, có lẽ, cũng chi phí) một giao dịch cụ thể trong tất cả các cam kết của các hứa. | encroachments between private and public 357 the promisee is required to submit evidence regarding another s affairs. Furthermore rcstitutionaiy damages require that difficult judgments be made regarding causation as well as attribution of specific profits and presumably also cosss to one specific tr r cto3n out if all the undertakings of the Contractual rights that rely on information that can be verified only at a prohibitively high cost are inefficient. They entail high litigation costs that are burdensome ex post and vem more iignif-icantly CTaate m ex ante uncertainty that commercial parties An instrumental conception of contract that understands the contractual relationship in the classical adversarial model off seif inie esieU exchange would yield to this preference for maximising the material surplus of the contract. Thus ss rruud above it would n síst any artempt to apyly a profits remedy to breaches of 22 E. Allan Farnsworth Yom oss or My Gam Tile Dilemma ff the DSigoI gement Principle in Breach of Contract IbSl 94 Yale LJ 1339 35 0 Sidney W. IVJt rgy Hie Efficiency of a Disgorgement as a Remedy for the Breach of Contract 1989 22 Indiana LR 737 7Tl-3 J. Slanden He L aicay of 1ll 11 Compmsallon 9995 73 Washington University Law Quarterly 149 171 Law Commisiion Aggravated Exemplary and Restitutionary Damages 170 Waddams TTofi s 120. 23 Alan Schwartz J i 1 Comraols m the Comls An Analyiis ff rncomplete Agreements and Judicial SSraSeg et 9929 2 1 Journal of Legal Studies 271 nysj f O Hugh Collins The Law of Contract 2nd edn 9939 377. 24 The conventional approach to the impact of proof difficulties in the context discussed here leads to the opposite conclusion - . to preferring the Israeli rule. That approach perceives the profits from breach as a tuattísuse for the losses for which traditional contract remedies fail to compensate due to proof difficulties. See Lord Goff of Chieveley and Gareth Jones The Law of .