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Equity, Efficiency, and Ethics in Remedies for Breach of Contract : Theory and Experimental Evidence / by Sergio Mittlaender
(International Law and Economics. ISSN:2364186X)

Publisher	(Cham : Springer International Publishing : Imprint: Springer)
Year	2022
Edition	1st ed. 2022.
Authors	*Mittlaender, Sergio author SpringerLink (Online service)

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Links to the text	Location	Volume	Call No.	Barcode No.	Status	Comments	ISBN	Printed	Restriction	Reserve
Links to the text	Library Off-campus access			OB00189774		Springer Economics and Finance eBooks (電子ブック)	9783031108044

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Material Type	E-Book
Media type	機械可読データファイル
Size	XXI, 228 p. 6 illus : online resource
Notes	Chapter 1. Introduction -- Chapter 2. Theories of Contract and Contract Law -- Chapter 3. Disagreement, Conflict, and Retaliation in Breach of Contract -- Chapter 4. Reciprocity and Legal Relief in Breach of Contract -- Chapter 5. Retaliation, Remedies, and Contracts -- Chapter 6. Implications and Normative Analysis of Remedies for Breach -- Chapter 7. Conclusion 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 HTTP:URL=https://doi.org/10.1007/978-3-031-10804-4
Subjects	LCSH:Law and economics LCSH:Contracts LCSH:Common law LCSH:Economics—Psychological aspects LCSH:Law—Philosophy LCSH:Law—History LCSH:Civil law FREE:Law and Economics FREE:Common Contract Law FREE:Behavioral Economics FREE:Theories of Law, Philosophy of Law, Legal History FREE:Civil Law
Classification	LCC:K487.E3 LCC:HB73 DC23:343.07 DC23:338.9
ID	8000088943
ISBN	9783031108044