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"Efficient breach" is one of the most discussed topics in the
literature of law and economics. What remedy incentivizes the
parties of a contract to perform contracts if and only if it is
efficient? This book provides a new perception based on an in-depth
analysis of the impact the market structure, asymmetry of
information, and deviations from the rational choice model have,
comprehensively. The author compares the two predominant remedies
for breach of contract which have been adopted by most
jurisdictions and also found access to international conventions
like the Convention on Contracts for the International Sale of
Goods (CiSG): Specific performance and expectation damages. The
book illustrates the complexity such a comparison has under more
realistic assumptions. The author shows that no simple answer is
possible, but one needs to account for the circumstances. The
comparison takes an economic approach to law applying game theory.
The game-theoretic models are consistent throughout the entire book
which makes it easy for the reader to understand what effects
different assumptions about the market structure, the distribution
of information, and deviations from the rational choice model have,
and how they are intertwined.
"Efficient breach" is one of the most discussed topics in the
literature of law and economics. What remedy incentivizes the
parties of a contract to perform contracts if and only if it is
efficient? This book provides a new perception based on an in-depth
analysis of the impact the market structure, asymmetry of
information, and deviations from the rational choice model have,
comprehensively. The author compares the two predominant remedies
for breach of contract which have been adopted by most
jurisdictions and also found access to international conventions
like the Convention on Contracts for the International Sale of
Goods (CiSG): Specific performance and expectation damages. The
book illustrates the complexity such a comparison has under more
realistic assumptions. The author shows that no simple answer is
possible, but one needs to account for the circumstances. The
comparison takes an economic approach to law applying game theory.
The game-theoretic models are consistent throughout the entire book
which makes it easy for the reader to understand what effects
different assumptions about the market structure, the distribution
of information, and deviations from the rational choice model have,
and how they are intertwined.
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