Efficient breach
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In legal theory, particularly in law and economics, efficient breach is a voluntary breach of contract and payment of damages by a party who concludes that they would incur greater economic loss by performing under the contract.
In legal theory, particularly in law and economics, efficient breach is a voluntary breach of contract and payment of damages by a party who concludes that they would incur greater economic loss by performing under the contract. ==Main Literature== ==Notes== Gregory Klass, 'Efficient Breach', in Philosophical Foundations of Contract Law 362-387 (G. Klass, G. Letsas & P. Saprai eds., 2014) Simpson, John, and Abraham L. Wickelgren. "Naked exclusion, efficient breach, and downstream competition." American Economic Review 97, no. 4 (2007): 1305-1320. https://www.aeaweb.org/articles?id=10.1257/aer.97.4.1305 Goetz, Charles J., and Robert E. Scott. "Liquidated damages, penalties and the just compensation principle: Some notes on an enforcement model and a theory of efficient breach." Columbia Law Review 77, no. 4 (1977): 554-594. https://www.jstor.org/stable/1121823
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