Bibliographic record
Abstract
This chapter discusses whether courts are justified in requiring parties who breach their contracts to disgorge their gains or to be subject to punitive damages. Because remedies are the continuation of rights, one must first identify the nature of the right that contract law gives the plaintiff. Accordingly, it presents a contrast between the function that Fuller and Perdue assign to the contract remedy and Kant's now largely forgotten treatment of contract right. The Kantian account casts light on the inaptness of requiring the disgorgement of gains from contract breach. Turning to punitive damages, the chapter outlines how corrective justice and punishment coexist and are differentiated in a legal order based on rights. Finally, it discusses the difficulties that emerge from the elaborate but ultimately unsatisfying attempt by the Supreme Court of Canada to work out a coherent treatment of punitive damages for contract breach.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.006 | 0.007 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.001 |
| Science and technology studies | 0.005 | 0.046 |
| Scholarly communication | 0.008 | 0.008 |
| Open science | 0.002 | 0.006 |
| Research integrity | 0.009 | 0.008 |
| Insufficient payload (model declined to judge) | 0.006 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".