Dear Colleagues:

on Behalf of Mindy Chen-Wishart:

    What happens when A contracts with B, then A dies, then B breaches?

    Can A's estate sue B for expectation damages? Reliance losses?

    Restitution

    of benefits already conferred in A's own performance but not matched

    by B's

    counter-performance? Basically, is there any difference as compared with

    when A is still alive?

    Any thoughts?

    Mindy Chen-Wishart

    Reader in Contract Law,

    Oxford University

    Merton College

    Oxford OX1 4JD

 

--

Jason Neyers

Associate Professor of Law &

Cassels Brock LLP Faculty Fellow in Contract Law

Faculty of Law

University of Western Ontario

N6A 3K7

(519) 661-2111 x. 88435