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Equity, Efficiency, and Ethics in Remedies for Breach of Contract : Theory and Experimental Evidence by Sergio Mittlaender is a nonfiction available to read on EtoBox.

What is Equity, Efficiency, and Ethics in Remedies for Breach of Contract : Theory and Experimental Evidence about?

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 juncti

Who reads Equity, Efficiency, and Ethics in Remedies for Breach of Contract : Theory and Experimental Evidence?

Author

Sergio Mittlaender

Publisher

Springer International Publishing AG

Published

2022

Language

EN

ISBN

9783031108044

Category

nonfiction

Subjects

Economics, Law, Psychology