Jump to ContentJump to Main Navigation
Civil Wrongs and Justice in Private Law$
Users without a subscription are not able to see the full content.

Paul B. Miller and John Oberdiek

Print publication date: 2020

Print ISBN-13: 9780190865269

Published to Oxford Scholarship Online: July 2020

DOI: 10.1093/oso/9780190865269.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 June 2021

Vosburg v. Baxendale

Vosburg v. Baxendale

Recourse in Tort and Contract*

(p.463) 21 Vosburg v. Baxendale
Civil Wrongs and Justice in Private Law

John C.P. Goldberg

Benjamin C. Zipursky

Oxford University Press

This chapter addresses a basic difference between the rules governing tort and contract damages. It also explains why this already puzzling divergence is all the more puzzling in virtue of a seemingly intuitive “foreseeable-at-breach” rule that tort law rejects in favor of one that is less restrictive, while contract law rejects in favor of one that is more so. The chapter sets out to explain this phenomenon, in the process defending and illuminating prevailing doctrine. Two cases provide the focal point for this discussion. Hadley v. Baxendale (1854) stands for the rejection, in contract law, of the foreseeable-at-breach rule in favor of foreseeability of loss at the time of contract formation. Vosburg v. Putney (1891), meanwhile, holds that damages may be recovered in a tort action even if not reasonably foreseeable at the time of breach.

Keywords:   foreseeable-at-breach, damages, torts, contracts, contract formation, damages

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .