The Moral Impermissibility of Efficient Breach

Rigoni, Adam

doi:10.2139/ssrn.2800446

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Efficient Breach and Morality1

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2020

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“…Indeed, comparing to other doctrines and with the obvious truth that the supportings and the objections consistently co-exist, efficient breach shares the same fate as besides advocates, objections is inevitable. The public shares concerns about the moral factor of efficient breach of contract (Sidhu, 2006, p. 61), such as arguments that efficient breach is morally incomplete when the offender intentionally breaks the contract promise (Rigoni, 2016). In particular, a contractual commitment has created a moral obligation binding on the parties who composes the promise to fulfill that promise, not just an obligation to perform only when that performance is effective.…”

Section: Efficient Breach and Moralitymentioning

confidence: 99%

Efficient Breach of Contract

Son¹,

Na²

2020

UCPA

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From an economic view, in many cases, a breach of contract is more beneficial than contract performance. It is called efficient breach of contract. This article tries to indentify the type of contract breach, then leads to provide a significant analysis of criteria of efficient breach. Legal rules of damages recovery have an important role to determine an efficient breach. The writing therefore focuses on a relationship between the efficient breach of contract and damages recovery, as well as disgorgement, specific performance and morality with empirical evidences of corresponding provisions of Vietnamese law.

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Section: Efficient Breach and Moralitymentioning

confidence: 99%