Contracts Case Briefs + Notes for Midterm #1: Wed, Feb 14, 2018 Remedies p 791



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Cans - mitch sem2
Holmes p 793
“The duty to keep a K means nothing more than you must pay damages for a breach” J Holmes. Remedies according to Holmes have no moral/ethical implication, as it does not make economic sense to.

Posner 793-94
Remedies exist not to fix “wrongs” but instead enforce economic efficiency. Thus judges should enforce damages rather than specific performance where it is more practical. Posner. *I disagree on the basis that I feel despite the economic waste there is efficiency in holding parties to specific performance so that parties have faith in performance upon completion of a contract.


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