Having a portion of his capital tied up for three years while a lawsuit progresses through the New York Courts could cause a dealer extensive financial harm that would not be taken into acocunt in the final calculation of damages. In addition, when the promisor's default causes the promisee to breach other contracts, the promisee will suffer long-term damage to his reputation for which he will not be compensated under standard damage measures.

Lisa Bernestein, Opting out of the Legal Sys…, loc. 158