Rethinking Contract Law and Contract Design
Show Less

Rethinking Contract Law and Contract Design

Victor P. Goldberg

Rethinking Contract Law and Contract Design presents a rich array of ideas that reassess the law and economics of contractual relations. Victor P. Goldberg uses a transactional framework to critically analyse and re-evaluate contract doctrine and specific legal cases. This important work examines particular contractual precepts whilst conducting a detailed exercise in legal archaeology, challenging readers to reconsider significant legal decisions by forensic exploration of records, briefs, and other materials, including the staple cases of textbooks and casebooks.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 6: Freund through the looking glass: Chodos v. West Publishing Co.

Victor P. Goldberg


After the publisher reneged on a promise to publish, the author sued and won. The court held that damages were too speculative and instead allowed the author to recover his reliance damages. He claimed that he should be compensated for the time he spent on the manuscript multiplied by his hourly rate as a lawyer. The jury rendered a compromise verdict which accepted the reliance theory and the court approved. Since the author did have the right to publish elsewhere and, in fact, did so, the damages should have been the costs of delayed publication. Had the contract made explicit that the publisher maintained an option to publish, there would have been no breach. Since the contract was on the publisher’s form, it should have been able to eliminate any ambiguity.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.