Court-enforced expectation damages fail to fully compensate promisees or incentivize performance. [contrarian]
In most settings, expectation damages, as enforced through the courts, do not achieve their stated theoretical objective of placing the promisee in the same position that he would have been in if the breach had never occurred; they neither make the promisee whole ex post, nor give the promisor sufficient incentive to perform the promise ex ante.
Lisa Bernestein, Opting out of the Legal Sys…, loc. 149