Is Breach of Contract Immoral? - A Perspective of Incomplete Contract

China Institutional Economics Annual Conference 2012 (the 12th)(中国制度经济学2012年年会 山东济南)

8 Pages Posted: 25 Jun 2013

See all articles by Peng Wang

Peng Wang

School of Law, Xian Jiaotong University

Date Written: June 24, 2013

Abstract

There is a widely held view that breach of contract is immoral. Given the incompleteness of contract, breach of contract in inexplicitly addressed contingency may be not immoral. Comparing cost of one party’s performance with value of performance to the other party and considering the hard-to-measure expectation damage, this article argues, in not-detailed addressed contingencies, breach of contract is probably moral; the more closer the compensation is to the expectation damage, the more moral the breach is.

Note: Downloadable document is in Chinese.

Keywords: Incomplete Contract, Breach of Contract, Morality, Expectation Damage

Suggested Citation

Wang, Peng, Is Breach of Contract Immoral? - A Perspective of Incomplete Contract (June 24, 2013). China Institutional Economics Annual Conference 2012 (the 12th)(中国制度经济学2012年年会 山东济南). Available at SSRN: https://ssrn.com/abstract=2284023

Peng Wang (Contact Author)

School of Law, Xian Jiaotong University ( email )

28 Xianning West Road
Xi'an, Shaanxi 710049
China
029-82664484 (Phone)

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