The Expectation, Reliance and Restitution Interests in Contract Damages

In one of the most influential papers on damages for breach of contract, published in 1936, Fuller and Perdue identified three important strands in the law: expectation interest, reliance interest and restitution interest. Macgregor uses the Fuller-Perdue model to consider Scottish decisions in this area of law. Her detailed analysis shows that Scottish courts have given more explicit recognition to expectation interest than to the other two factors and she argues that Scots law of contract might benefit if the courts were to show greater awareness of the place of reliance and restitution interests.