Equity Efficiency and Ethics in Remedies for Breach of Contract is popular PDF and ePub book, written by Sergio Mittlaender in 2022-12-02, it is a fantastic choice for those who relish reading online the Law genre. Let's immerse ourselves in this engaging Law book by exploring the summary and details provided below. Remember, Equity Efficiency and Ethics in Remedies for Breach of Contract can be Read Online from any device for your convenience.
Equity Efficiency and Ethics in Remedies for Breach of Contract Book PDF Summary
This book analyzes the conflict that emerges between parties after a breach of contract and how different legal remedies can best reduce conflict. Causes for conflict include equity, efficiency, and ethical reasons that parties might consider and use to blame the other or to justify breach. In the end, if not resolved through apologies or renegotiation, conflict leads to aggrievement and behavioral reactions in form of retaliation by the victim against the promisor in breach. The book provides empirical evidence from laboratory experiments for how individuals react to perceived wrongful acts such as breach of contract and for the function of legal remedies to reduce retaliation by disappointed promisees in providing them compensation. It reveals how the inequality in the outcome, and not the inefficiency of breach of contract, causes aggrievement and retaliation by victims. The book concludes with a comparative law and economic analysis of remedies for breach of contract adopted in different leading jurisdictions, with important normative implications for the American insistence on expectation damages, the French expansion of specific performance with "astreinte", the German junction of specific performance, expectation damages, and disgorgement damages, and the British timid acceptance of partial disgorgement damages. The book will appeal to scholars, researchers, and students of economics and law, interested in a better understanding of remedies for breach of contract.
Detail Book of Equity Efficiency and Ethics in Remedies for Breach of Contract PDF
- Author : Sergio Mittlaender
- Release : 02 December 2022
- Publisher : Springer Nature
- ISBN : 9783031108044
- Genre : Law
- Total Page : 241 pages
- Language : English
- PDF File Size : 7,5 Mb
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