“When should specific performance be available for breach of contract? Civil law systems make it the primary remedy for breach, while the common law treats it as a humble exception with limited application. The same sharp split exists in legal theory, with philosophers tending to endorse the civil law tradition and economists praising the common law. The net result: the law and theory of specific performance oscillates between incompatible reforms and values …” (more)
[Hanoch Dagan and Michael Heller, Oxford Business Law Blog, 10 September]
First posted 2020-09-10 04:55:31
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