04338nam 22007455 450 991063391520332120251009102727.09783031108044(electronic bk.)978303110803710.1007/978-3-031-10804-4(MiAaPQ)EBC7151638(Au-PeEL)EBL7151638(CKB)25554139500041(DE-He213)978-3-031-10804-4(OCoLC)1356006112(EXLCZ)992555413950004120221202d2022 u| 0engurcnu||||||||txtrdacontentcrdamediacrrdacarrierEquity, Efficiency, and Ethics in Remedies for Breach of Contract Theory and Experimental Evidence /by Sergio Mittlaender1st ed. 2022.Cham :Springer International Publishing :Imprint: Springer,2022.1 online resource (241 pages)International Law and Economics,2364-186XPrint version: Mittlaender, Sergio Equity, Efficiency, and Ethics in Remedies for Breach of Contract Cham : Springer International Publishing AG,c2023 9783031108037 Includes bibliographical references.Chapter 1. Introduction -- Chapter 2. Theories of Contract and Contract Law -- Chapter 3. Disagreement, Conflict, and Retaliation in Breach of Contract -- Chapter 4. Reciprocity and Legal Relief in Breach of Contract -- Chapter 5. Retaliation, Remedies, and Contracts -- Chapter 6. Implications and Normative Analysis of Remedies for Breach -- Chapter 7. Conclusion.This book analyzes the conflict that emerges between parties after a breach of contract and how different legal remedies can best reduce conflict. Causes for conflict include equity, efficiency, and ethical reasons that parties might consider and use to blame the other or to justify breach. In the end, if not resolved through apologies or renegotiation, conflict leads to aggrievement and behavioral reactions in form of retaliation by the victim against the promisor in breach. The book provides empirical evidence from laboratory experiments for how individuals react to perceived wrongful acts such as breach of contract and for the function of legal remedies to reduce retaliation by disappointed promisees in providing them compensation. It reveals how the inequality in the outcome, and not the inefficiency of breach of contract, causes aggrievement and retaliation by victims. The book concludes with a comparative law and economic analysis of remedies for breach of contract adopted in different leading jurisdictions, with important normative implications for the American insistence on expectation damages, the French expansion of specific performance with "astreinte", the German junction of specific performance, expectation damages, and disgorgement damages, and the British timid acceptance of partial disgorgement damages. The book will appeal to scholars, researchers, and students of economics and law, interested in a better understanding of remedies for breach of contract.International Law and Economics,2364-186XLaw and economicsContractsCommon lawEconomicsPsychological aspectsLawPhilosophyLawHistoryCivil lawLaw and EconomicsCommon Contract LawBehavioral EconomicsTheories of Law, Philosophy of Law, Legal HistoryCivil LawLaw and economics.Contracts.Common law.EconomicsPsychological aspects.LawPhilosophy.LawHistory.Civil law.Law and Economics.Common Contract Law.Behavioral Economics.Theories of Law, Philosophy of Law, Legal History.Civil Law.346.022346.022Mittlaender Sergio1271086MiAaPQMiAaPQMiAaPQ9910633915203321Equity, Efficiency, and Ethics in Remedies for Breach of Contract2994402UNINA