| 书目名称 | Equity, Efficiency, and Ethics in Remedies for Breach of Contract | | 副标题 | Theory and Experimen | | 编辑 | Sergio Mittlaender | | 视频video | | | 概述 | Offers an in-depth analysis of causes and consequences of conflict resulting from breach of contract.Provides empirical evidence revealing important functions performed by remedies for breach of contr | | 丛书名称 | International Law and Economics | | 图书封面 |  | | 描述 | 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 junct | | 出版日期 | Book 2022 | | 关键词 | Contract law; Compensation; Reciprocity; Retaliation; Laboratory experiments; Economic analysis of law; Em | | 版次 | 1 | | doi | https://doi.org/10.1007/978-3-031-10804-4 | | isbn_softcover | 978-3-031-10806-8 | | isbn_ebook | 978-3-031-10804-4Series ISSN 2364-1851 Series E-ISSN 2364-186X | | issn_series | 2364-1851 | | copyright | The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerl |
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发表于 2025-3-21 16:36:47
