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Full-Text Articles in Law
Threatening An Irrational Breach Of Contract, Oren Bar-Gill, Omri Ben-Shahar
Threatening An Irrational Breach Of Contract, Oren Bar-Gill, Omri Ben-Shahar
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When circumstances surrounding the contract change, a party might consider breach a more attractive option than performance. Threatening breach, this party may induce the other party to modify the original agreement. The contract law doctrine of modification determines whether and when these modifications are enforceable. To promote social welfare as well as the interests of the threatened party, the law should enforce modifications if and only if the modification demand is backed by a credible threat to breach. This paper argues that credibility is not a function of pecuniary interests alone. A decision to breach can be motivated also by …
Shedding A Tear, William I. Miller
Shedding A Tear, William I. Miller
Articles
The tale that follows is also one of great gender anxiety, and it is true.