Professor Ernest Weinrib has argued that restitutionary damages must be understood, not as a deterrent to wrongful conduct, but as a requirement of commutative Justice. Professor Gordley agrees, but claims that a purposive understanding of commutative Justice can shed more light on restitutionary damages than the formal understanding of Professor Weinrib. A purposive understanding enables us to distinguish appropriation of a right from mere inteference, to distinguish true restitutionary damages from damages in lieu of a forced sale or hold-up; and to explain why, normally, it should not matter whether the defendant acted wilfully or innocently.

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The Purpose of Awarding Restitutionary Damages: A Reply to Professor Weinrib
James Gordley1
1University of California, Berkeley
Citation Information: Theoretical Inquiries in Law. Volume 1, Issue 1, Pages –, ISSN (Online) 1565-3404, DOI: 10.2202/1565-3404.1001, July 2001
Publication History:
- Published Online:
- 2001-07-16


















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