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The Broken Promise Of Efficient Breach: Sacrificing Certainty For False Efficiency, Irma S. Russell
The Broken Promise Of Efficient Breach: Sacrificing Certainty For False Efficiency, Irma S. Russell
Irma S. Russell
THE BROKEN PROMISE OF EFFICIENT BREACH: SACRIFICING CERTAINTY FOR FALSE EFFICIENCY explores the foundational principles of contract law and economics as a way of assessing the failure of efficient breach theory to effectively describe or critique the damages principles of contract law. Important scholarship has criticized the efficient breach theory on numerous grounds, but to date the scholarship has not explored the fundamental attribute of contract law that I identify here: the transfer of the economic right to reallocate resources efficiently. Economics starts from the fundamental proposition that economic actors have the right to efficiently allocate their resources at all …
The Broken Promise Of Efficient Breach Theory: Sacrificing Certainty Of Obligation For False Efficiency, Irma S. Russell
The Broken Promise Of Efficient Breach Theory: Sacrificing Certainty Of Obligation For False Efficiency, Irma S. Russell
Irma S. Russell
The Broken Promise of Efficient Breach Theory: Sacrificing Certainty of Obligation for False Efficiency explores the foundational principles of contract law and economics as a way of assessing the failure of efficient breach theory to effectively describe or critique the damages principles of contract law. Important scholarship has criticized the efficient breach theory on numerous grounds, but to date the scholarship has not explored the fundamental attribute of contract law that I identify here: the transfer of the economic right to reallocate resources efficiently. Economics starts from the fundamental proposition that economic actors have the right to efficiently allocate their …