Expectancy Damages for Breach of Contract: A Primer and Critique

David H. Vernon
This Article is devoted primarily to describing and analyzing the conceptual framework within which courts traditionally have awarded expectancy damages—the “primer” and “critique” of the title. Expectancy rules lie at the center of traditional theory and are widely accepted. In many instances, however, they create problems in application and thus frequently are ignored by the courts. The existence of several different and contradictory bases for recovery in any given suit…

Credit Advertising and the Law: Truth in Lending and Related Matters

Robert Megarry and Gerald J. Thain
Whether full disclosure of credit terms will in fact improve the bargaining power of credit consumers is debatable. Borrowers may not be sophisticated enough to make effective use of the information disclosed and may not, in fact, have a choice of lenders. Furthermore, an applicant with a precarious credit status may care much less about locating favorable credit terms than about obtaining any credit. For these reasons, critics often decry…