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Lost Profits, Market Damages, and Specific Performance: An Economic Analysis of Buyer's Breach

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  • Asha Sadanand

Abstract

Suppose a buyer enters into a contract with a seller and subsequently wishes not to perform. This paper examines a formal model of three standard remedies-lost profits, market damages, and specific performance-to assess how well each compensates the seller. By defin ition, specific performance compensates exactly, since effectively th e buyer must perform. The extent to which the other remedies compensa te accurately depends upon the ease with which the buyer could otherw ise resell the unwanted goods. The lost-profits remedy compensates we ll when the buyer is unable to resell and otherwise overcompensates; the opposite holds for the market-damages remedy.

Suggested Citation

  • Asha Sadanand, 1987. "Lost Profits, Market Damages, and Specific Performance: An Economic Analysis of Buyer's Breach," Canadian Journal of Economics, Canadian Economics Association, vol. 20(4), pages 750-773, November.
  • Handle: RePEc:cje:issued:v:20:y:1987:i:4:p:750-73
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