Contractual rights and third parties: a unified perspective of the law of property and the law of delict... Promisee had entered into a contract with the above mentioned third person – Promisor....
Breach remedies, performance excuses, and investment incentives... When a promisor fails to perform he is held liable even if he is without fault....
You do have to keep promises: a disgorgement theory of contract remedies... Rather than protecting the expectation interest of injured promisees, therefore, the law of contract remedies is better characterized as enforcing “promisor expectation” or disgorgement, a regime that puts breaching promisors in the position they would have been in had they performed, even when that means overcompensating...
Impossibility, impracticability, and frustration... A shared nonevaluative tacit assumption that a given circumstance will persist, occur, or not occur during the contract time should provide a basis for judicial relief where the assumption would have affected the promisor’s obligations had it been made explicit....
