Enforcing Coasian Bribes for Non-Price Benefits: A New Role for Restitution

Wendy J. Gordon, Boston University School of Law
Tamar Frankel, Boston University School of Law

Reprinted in Restitution 347, Lionel D. Smith, ed., Ashgate Publishing (2001).

Abstract

In Boomer v. Muir, a subcontractor on a hydroelectric project continued to provide goods and services even though the value of the performance far exceeded the contract price. The general contactor, who was receiving the goods and services, breached the contract even though he was paying less than market value for them.