Robert J. Pothier\u27s Influence on the Common Law of Contract

When I started this paper, I had a four-part thesis, which I since have had to amend significantly. The thesis was: first, that Robert Joseph Pothier\u27s writings had an enormous influence on the development of the Common Law of contract. Second, that his influence in England was mediated by decisions made and treatises written in the United States. Third, that his role was to pass on the wisdom of ancient Rome to the Anglo-American system. And fourth, that his influence was largely unknown. I have discovered that the first part of this thesis was not only correct, but that his influence was greater than I had imagined

The Collateral Source Rule in Contract Cases

The issue in a collateral source case is: should contract damages be reduced by the amount of payments that the wronged party has received from a third party such as an insurer? This kind of question arises most frequently in tort cases involving property damage, personal injuries, or death, where a doctrine known as collateral source rule has evolved. Under this rule, except where changed by statute, damages assessed against a tortfeasor generally are not diminished by any payments received by the injured party from medical insurance, pension and disability plans, or any sources other than the tortfeasor or the tortfeasor\u27s insurer. Similar questions arise in contract law. Despite this, many cases state that the collateral source rule does not apply to cases of breach of contract. The case law is replete with dicta to the effect that the collateral source rule had no application in contract cases, although actual holdings to that effect are few. The answers to two questions dominate the results: first, did the contract breaker provide the consideration?; and second, is the collateral source subrogated to the plaintiff\u27s recovery

Hadley V. Baxendale: Still Crazy After All These Years? Panel Discussion

The following discussion about Hadley v. Baxendale took place on June 8, 2004, at the Conference on The Common Law of Contracts as a World Force in Two Ages of Revolution, held at the Oxstalls Campus of the University of Gloucestershire, in Gloucester, England. The Conference marked the 150th anniversary of Hadley. The following discussion was intended to be a free-ranging exploration of Hadley, its rule, its role in legal pedagogy, and its likely future