Reckoning Contract Damages: Valuation of the Contract As an Asset

Victor Goldberg (Columbia Law)

Abstract: This paper argues for a general principle that should guide application of claims for direct damages for breach of contract—the contract is an asset and the problem is one of valuation of the change in value of that asset at the time of the breach. It begins with the breach of a simple sales contract and then moves on to consider the anticipatory repudiation of complex long-term agreements and damage claims in international arbitrations..

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