There is one further point to be made about awards of expectation damages. An award of such damages in either of the two situations envisaged above was, in a sense, a reward for diligence, skill, and foresight. The man who managed to buy at less than market price, the man who had the foresight to buy in advance of changes in market price, was a man who outsmarted his contracting partner. It was precisely this sort of diligence, skill, and foresight which, it was coming to be felt, ought to be rewarded and encouraged. In the next century, this indeed became the dominant philosophy of the age. But in the eighteenth century (as, perhaps, today) there were many who viewed these qualities with some distaste rather than with admiration. To make a contract to buy at less than the market price was... (查看原文)
Predictability of the law Mansfield also encouraged by his attempts to incorporate large areas of commercial practice into the law. *** Mansfield was not greatly enamoured of the ordinary jury (as we know from his attempts to keep general verdicts out of their hands in seditious libel cases) and in commercial cases he was convinced that the unpredictability of a jury’s decision was a major source of dissatisfaction to businessmen. It is true that Mansfield is famous for the use he made of special juries drawn from the City, but this was merely an intelligent process designed to pave the way for the ultimate withering away of the jury function in commercial cases. *** We have seen how, in Mansfield’s time, Parliament and Government had neither the staff nor the expertise to carry through in... (查看原文)
还没人写过短评呢
还没人写过短评呢