English Contract Law and the Efficient Breach Theory: Can They Co-Exist?

dc.contributor.author	Al-Tawil, Tareq Na'el
dc.date.accessioned	2023-10-09T08:04:45Z
dc.date.available	2023-10-09T08:04:45Z
dc.date.issued	2015-06-01
dc.description.abstract	The ‘efficient breach’ theory holds that remedial orders, namely specific performance, compensatory damages and restitutionary damages for wrongs, should be designed in such a way as to maximize the production of efficient outcomes. For lawyer-economists, the goal of creating rules of law is to maximize the achievement of a particular outcome, that is, economic efficiency. This paper seeks to identify the major problems of adopting the efficient breach theory in English contract law. It also aims to explain and justify the existing scheme of remedies for breach of contract in the English contract law on (non efficiency-based) normative grounds. Keywords: Efficient breach theory, Economic efficiency, English Contract Law, breach of contract	en
dc.identifier.citation	Al-Tawil, T. (2015). English Contract Law and the Efficient Breach Theory: Can They Co-Exist?. Maastricht journal of European and comparative law, 22(3), 396-416.
dc.identifier.doi	https://doi.org/10.1177/1023263X1502200305
dc.identifier.uri	https://dspace.adu.ac.ae/handle/1/41
dc.language.iso	en_US
dc.publisher	SAGE Publications
dc.title	English Contract Law and the Efficient Breach Theory: Can They Co-Exist?
dc.type	Article

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