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Selected Works

2015

Mark P. Gergen

Performance (law)

Discipline

Articles 1 - 3 of 3

Full-Text Articles in Law

Theory Of Self-Help Remedies In Contract, A, Mark P. Gergen Nov 2015

Theory Of Self-Help Remedies In Contract, A, Mark P. Gergen

Mark P. Gergen

The article discusses the positive and normative aspects of self-help remedies in contracts. Self-remedies are defined as actions that a party may take in a bid to resolve a breach of contract without the need to go to court. It is said that the power to withhold performance amid a breach tends to be used with the power to refuse non-conforming performance. The author believes that the law of self-help allows a great deal of waste in avoiding the risk of short-changing contract rights, leading to the undermining of the theory of efficient breach.


The Use Of Open Terms In Contract, Mark P. Gergen Nov 2015

The Use Of Open Terms In Contract, Mark P. Gergen

Mark P. Gergen

No abstract provided.


Defense Of Judicial Reconstruction Of Contracts, A, Mark P. Gergen Nov 2015

Defense Of Judicial Reconstruction Of Contracts, A, Mark P. Gergen

Mark P. Gergen

No abstract provided.