Research projects
EFFICIENT BREACH OF CONTRACT
20/09/2023
EFFICIENT BREACH OF CONTRACT
Duong Anh Son and Gian Thi Le Na
Published: Journal of US-China Public Administration, July-Aug. 2020, Vol. 17, No. 4, 147-160
doi: 10.17265/1548-6591/2020.04.002
Link: PDF - EFFICIENT BREACH OF CONTRACT
Abstract
From an economic view, in many cases, a breach of contract is more beneficial than contract performance. It is called efficient breach of contract. This article tries to indentify the type of contract breach, then leads to provide a significant analysis of criteria of efficient breach. Legal rules of damages recovery have an important role to determine an efficient breach. The writing therefore focuses on a relationship between the efficient breach of contract and damages recovery, as well as disgorgement, specific performance and morality with empirical evidences of corresponding provisions of Vietnamese law.
Keywords
Efficient breach, expectation damages, disgorgement, specific performance
Duong Anh Son and Gian Thi Le Na
Published: Journal of US-China Public Administration, July-Aug. 2020, Vol. 17, No. 4, 147-160
doi: 10.17265/1548-6591/2020.04.002
Link: PDF - EFFICIENT BREACH OF CONTRACT
Abstract
From an economic view, in many cases, a breach of contract is more beneficial than contract performance. It is called efficient breach of contract. This article tries to indentify the type of contract breach, then leads to provide a significant analysis of criteria of efficient breach. Legal rules of damages recovery have an important role to determine an efficient breach. The writing therefore focuses on a relationship between the efficient breach of contract and damages recovery, as well as disgorgement, specific performance and morality with empirical evidences of corresponding provisions of Vietnamese law.
Keywords
Efficient breach, expectation damages, disgorgement, specific performance
TIN LIÊN QUAN
