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This book analyses the theory of efficient breach in English sales
law, European Union contract law and Chinese contract law. It
analyses the framework of the efficient breach theory and
reconsiders the implications of this theory. According to the
traditional efficient breach theory, the remedy of expectation
damages is able to motivate efficient breach, which brings the
breaching party economic surplus without making the non-breaching
party worse off. The essential problems are how to motivate
contract parties to make rational decisions and how to solve cases
where performance of a contract turns out to be less efficient
after its conclusion. The second part of the book further extends
the efficient breach theory to the study of contract law systems by
analysing how exactly those laws react to breach and what solutions
are adopted by them.The comparison of these three systems is more
than a mere description of the differences and similarities in the
content. More importantly, this comparative research also analyses
whether or not the differences between these systems will influence
the level of efficiency produced by each legal system by taking
account of the different traditions and the concepts of contracts
involved in each legal system. Researchers in contract law will
also be interested in this approach, particularly for re-thinking
the question of whether one legal system is definitely better or
worse than the other two.
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