Quantifying Damages in Cases of Advantageous Breach: The Curious Case of McDonald’s Milkshakes

U. of Adelaide Law Research Paper No. 2018-66

Stetson Law Review [Vol. 48] 69-104

37 Pages Posted: 26 Oct 2018

See all articles by Mark Giancaspro

Mark Giancaspro

University of Adelaide - School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: October 25, 2018

Abstract

Perhaps as often as contracts are made, they are breached. When breaches occur, it falls to the innocent party to quantify and make a claim for their losses informally or through the courts (if they choose to do so).1 An award of compensation under contract law is premised upon the goal of restoring the plaintiff to the position they would have been in had the contract been performed correctly.2 But what are the remedial consequences if a plaintiff benefits, rather than loses, as a result of the breach? What if the benefits arise without any efforts from the plaintiff?

Keywords: Quantifying damages, Advantageous Breach, McDonalds

JEL Classification: K1

Suggested Citation

Giancaspro, Mark, Quantifying Damages in Cases of Advantageous Breach: The Curious Case of McDonald’s Milkshakes (October 25, 2018). Stetson Law Review [Vol. 48] 69-104. Available at SSRN: https://ssrn.com/abstract=3272587

Mark Giancaspro (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

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