Contracts, Non-Compensatory Damages, and the Intangible Economy

28 Pages Posted: 4 Jun 2019

Date Written: March 1, 2019

Abstract

This paper intends to contribute to the debate concerning the foundation and place of non-compensatory damages as a class of remedy applicable to contract law. It pursues this objective based on the theory that non-compensatory damages serve in modern contract law to incentivize and promote the creation of knowledge-based public goods through contracts. Connected with this argument is the view that the settled acceptance of non-compensatory damages in contracts can help in the deployment of contracts to supplement intellectual property (“IP”) law regimes in the creation of knowledge-based public goods. The postulations of this article are, chiefly, as follows: a) contract law remedies must respond to contemporary transactional hazards thrown up by the intangible economy; and, b) contracts can be assets per se when they border on critical social interests.

Suggested Citation

Abdussalam, Moshood, Contracts, Non-Compensatory Damages, and the Intangible Economy (March 1, 2019). Singapore Journal of Legal Studies, Mar 19, pp1-28 (2019), Available at SSRN: https://ssrn.com/abstract=3398710

Moshood Abdussalam (Contact Author)

Auckland University Of Technology ( email )

55 Wellesley Street East
Auckland
New Zealand

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