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The Resource The application of the theory of efficient breach in contract law : a comparative law and economics perspective, Wenqing Liao

The application of the theory of efficient breach in contract law : a comparative law and economics perspective, Wenqing Liao

Creator
Contributor
Summary
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.--
Language
eng
Work
Publication
Extent
xx, 347 pages
Note
  • Originally presented as the author's thesis (Ph. D.)--University of Maastricht
  • "METRO."
Contents
  • Concluding Remarks and Policy Recommendations
  • Economic Analysis of Contract and Contract Law
  • Efficient Breach in Law and Economics Theory
  • A Re-examination of the Optimal Rule to Enhance Efficiency
  • Alternative Remedies and Efficient Breach
  • Efficient Breach and European Union Contract Law
  • Efficient Breach and Re-Negotiation in English Sales Law
  • Applying the Efficient Breach Doctrine to Chinese Commercial Sales Law
  • A Comparative Law and Economics Analysis of Efficient Breach in English Law, EU Law and Chinese Law
Isbn
9781780683560
Instance
Label
The application of the theory of efficient breach in contract law : a comparative law and economics perspective
Title
The application of the theory of efficient breach in contract law
Title remainder
a comparative law and economics perspective
Statement of responsibility
Wenqing Liao
Creator
Contributor
Issuing body
Subject
Language
eng
Summary
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.--
Member of
Assigning source
Provided by Publisher
Cataloging source
TULIB
http://library.link/vocab/creatorDate
1988-
http://library.link/vocab/creatorName
Liao, Wenqing
Index
no index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/relatedWorkOrContributorName
Maastrichts Europees Instituut voor Transnationaal Rechtswetenschappelijk Onderzoek
Series statement
Ius commune europaeum
Series volume
142
http://library.link/vocab/subjectName
  • Breach of contract
  • Breach of contract
  • Breach of contract
  • Breach of contract
  • Law and economics
Label
The application of the theory of efficient breach in contract law : a comparative law and economics perspective, Wenqing Liao
Instantiates
Publication
Note
  • Originally presented as the author's thesis (Ph. D.)--University of Maastricht
  • "METRO."
Bibliography note
Includes bibliographical references (pages 305-332)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Contents
  • Concluding Remarks and Policy Recommendations
  • Economic Analysis of Contract and Contract Law
  • Efficient Breach in Law and Economics Theory
  • A Re-examination of the Optimal Rule to Enhance Efficiency
  • Alternative Remedies and Efficient Breach
  • Efficient Breach and European Union Contract Law
  • Efficient Breach and Re-Negotiation in English Sales Law
  • Applying the Efficient Breach Doctrine to Chinese Commercial Sales Law
  • A Comparative Law and Economics Analysis of Efficient Breach in English Law, EU Law and Chinese Law
Control code
FIEb17821976
Dimensions
24 cm.
Extent
xx, 347 pages
Isbn
9781780683560
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)944151158
Label
The application of the theory of efficient breach in contract law : a comparative law and economics perspective, Wenqing Liao
Publication
Note
  • Originally presented as the author's thesis (Ph. D.)--University of Maastricht
  • "METRO."
Bibliography note
Includes bibliographical references (pages 305-332)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Contents
  • Concluding Remarks and Policy Recommendations
  • Economic Analysis of Contract and Contract Law
  • Efficient Breach in Law and Economics Theory
  • A Re-examination of the Optimal Rule to Enhance Efficiency
  • Alternative Remedies and Efficient Breach
  • Efficient Breach and European Union Contract Law
  • Efficient Breach and Re-Negotiation in English Sales Law
  • Applying the Efficient Breach Doctrine to Chinese Commercial Sales Law
  • A Comparative Law and Economics Analysis of Efficient Breach in English Law, EU Law and Chinese Law
Control code
FIEb17821976
Dimensions
24 cm.
Extent
xx, 347 pages
Isbn
9781780683560
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)944151158

Subject

Member of

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