Titlebook: Equity, Efficiency, and Ethics in Remedies for Breach of Contract; Theory and Experimen Sergio Mittlaender Book 2022 The Editor(s) (if appl

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2364-1851 mportant functions performed by remedies for breach of contrThis 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 consid

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Der Anspruch auf die persönliche Zeitreserveccordingly consider compensation as an accessory, secondary, or even disposable principle and purpose in the legal enforcement of contracts. The objective of this thesis was to provide one justification and reason for why compensation is, and should be, fundamental in the law of remedies for breach of contract.

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Disagreement, Conflict, and Retaliation in Breach of Contract,efficient and, in doing so, violates the moral norm of keeping promises and commits a transgression. Since each party is apt to have her own understanding on the proper course of conduct, contractual disputes acquire a normative character, and the danger is that they escalate to a real conflict.

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Reciprocity and Legal Relief in Breach of Contract,ess of the resulting distribution. Lastly, the chapter explains how legal remedies are superior to retaliation to induce performance of promises because instead of causing, whenever implemented, a deadweight loss, as retaliation causes, legal remedies such as damages only redistribute wealth between

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Book 2022cludes 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