Jason Neyers wrote:

> 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

>

>

>

>  

I can't see any difference on principle. Of course there might be on the

facts. For instance, to get "cost of cure" damages you generally have

(at least if these exceed diminution in value) to show you will cure. If

A would have intended, but the estate does not intend, to carry out the

works in the event of breach, it follows that you have a difference.

Andrew

--

Andrew M Tettenborn

Bracton Professor of Law, University of Exeter

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LAWYER, n.

One skilled in circumvention of the law. (Ambrose Bierce, 1906).