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Record W2264785532

Breach of Contract and the Concept of Wrongdoing

2008· article· en· W2264785532 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.

Bibliographic record

VenueSSRN Electronic Journal · 2008
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsBreach of contractUnconscionabilityMistakeDamagesWrongdoingLaw and economicsLawUnjust enrichmentDutyDoctrineContract theorySimplicitySimple (philosophy)Political scienceEconomicsRestitutionPhilosophyEpistemology
DOInot available

Abstract

fetched live from OpenAlex

Breach of contract is a wrong, but this is not a simple concept, and the remedies attached to wrongs are very varied. The existing law does not attach all these remedies to all breaches of contract. It might be argued that it should do so. Logic, simplicity and consistency would seem to favour the attribution to all legal wrongs of similar consequences. But there are other values at stake. A proposal to attribute all the consequences of wrongs to breaches of contract must be tested, like all legal proposals, by envisaging the consequences of the proposed rule and evaluating them.An opposite view of the matter would be that breach of contract is not in any sense a wrong, and occasionally this view has been supported. Holmes maintained that there was no legal duty to perform a contract, but only to perform or to pay damages at the promisor's option: and his published correspondence with Pollock shows that Holmes adhered to this opinion throughout his life despite cogent arguments to the contrary adduced by Pollock. A modern version of Holmes' view has appeared in the shape of the economic doctrine of efficient breach, to the effect that breach of contract may be economically efficient, since the contract breaker is made better off by it, and the other party no worse off on receipt of full compensation. Holmes' view has been called heretical and the concept of economic breach fallacious, but, it will be suggested, they cannot be entirely discounted. As with many heresies and fallacies, error lies not so much in the basic idea (which may tend, if not overstated, to illuminate an aspect of the truth), but in supposing that this one aspect is the only aspect, and that it overrides all other considerations.

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.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.170
Threshold uncertainty score0.374

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.001
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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.

Opus teacher head0.012
GPT teacher head0.276
Teacher spread0.264 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it