economic and legal analysis of anticipatory breach
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Economic analysis of contractual breach sanctions
The conclusion of any contract aims at implementation of the obligations arising from it. Morality dictates that people adhere to what they assumed regarding others. The law also supported the moral judgment and in case of breach of obligations to oblige, compensation as a sanction is imposed on obligor. In view of the economic analysis, he also committed to respect his contract and the Contrac...
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knowing of formation of a legal rule is an efficient way to recognizing and assessing of that rule. anticipatory breach doctrine became apparent in common law when the court in hochster versus de la tour case (1980), hold that a party could breach an executor contract prior to the performance date and injured party entitle to sue at once. before it, courts had made a negative answer to this mat...
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penalty clause or liquidated damage which is formerly agreed between parties is legally examined and accepted as a rule. although judge could in some circumstances modify this stipulation. yet its economic analysis which is focused on economic efficiency can be considered as a “major unexplained puzzle in the economic theory of law”. this article compares the major legal systems in the case of ...
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from concluding of a contract to perfect performance, the continuing of contractual relationship may be doubted by some events and in this circumstance, it is necessary to determine the parties’ rights and obligations and the future of their contract. one of these situations is “anticipatory breach” in which prior to the date of performance of contract, it is clear that promisor will not or can...
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Economic sanctions have been and continue to be applied extensively against Iran. It is therefore, important for us to analyze the economic and legal aspects of sanctions. The paper is organized around two questions. First, we seek to understand the impact of sanctions on Iranian crude oil production and subsequently on social welfare? In the next step, we examine the effects of changes in oil...
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AESTKACT. This paper argues the case for the lcgalizatioii of addictive drugs such as iiiarijuaiia, cocaine, aiid licroin. It maintains that there are no “market failures” which could justify a banning of thcsc substaiiccs, and that, as in the earlier historical case of prohibition of alcohol, our present drug policy has increased crinic, decreased respect for lcgitiiriate law, and created grea...
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پژوهشنامه بازرگانیجلد ۱۸، شماره ۶۹، صفحات ۵۹-۸۲
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