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Efficient Breach
In legal theory, particularly in law and economics, efficient breach is a voluntary breach of contract and payment of damages by a party who concludes that they would incur greater economic loss by performing under the contract. Development of the theory The theory of efficient breach seeks to explain the common law's preference for expectation damages for breach of contract, as distinguished from specific performance, reliance damages, or punitive damages. According to Black's Law Dictionary, efficient breach theory is "the view that a party should be allowed to breach a contract and pay damages, if doing so would be more economically efficient than performing under the contract." Expectation damages, according to the theory, give parties an incentive to breach when and only when performance is inefficient. Judicial laws that govern contractual agreements and the damages to be incurred upon the breach of an agreement have existed since the 15th century. The motivating factor f ...
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Law And Economics
Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law. The field emerged in the United States during the early 1960s, primarily from the work of scholars from the Chicago school of economics such as Aaron Director, George Stigler, and Ronald Coase. The field uses economics concepts to explain the effects of laws, assess which legal rules are economically efficient, and predict which legal rules will be promulgated. There are two major branches of law and economics; one based on the application of the methods and theories of neoclassical economics to the positive and normative analysis of the law, and a second branch which focuses on an institutional analysis of law and legal institutions, with a broader focus on economic, political, and social outcomes, and overlapping with analyses of the institutions of politics and governance. History Origin The historical antecedents of law and economics can be traced back to ...
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Richard Posner
Richard Allen Posner (; born January 11, 1939) is an American legal scholar and retired United States circuit judge who served on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017. A senior lecturer at the University of Chicago Law School, Posner was identified in '' The Journal of Legal Studies'' as the most-cited legal scholar of the 20th century. As of 2021, he is also the most-cited United States legal scholar of all time. He is widely considered to be one of the most influential legal scholars in the United States. Posner is known for his scholarly range and for writing on topics outside of law. In his various writings and books, he has addressed animal rights, feminism, drug prohibition, same-sex marriage, Keynesian economics, law and literature, and academic moral philosophy, among other subjects. Posner is the author of nearly 40 books on jurisprudence, economics, and several other topics, including ''Economic Analysis of Law'', ''The Economics of J ...
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The American Journal Of International Law
''The American Journal of International Law'' is an English-language scholarly journal focusing on international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ... and international relations. It is published quarterly since 1907 by the American Society of International Law (ASIL). The ''Journal'' contains summaries and analyses of decisions by national and international courts and arbitral or other tribunals, and of contemporary U.S. practice in international law. Each issue lists recent publications in English and other languages, many of which are reviewed in depth. Earlier issues of the journal contain full-text primary materials of importance in the field of international law. The Society's history and contributions to international law are chronicled in Frederic L. Ki ...
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Hans Wehberg
Hans may refer to: __NOTOC__ People * Hans (name), a masculine given name * Hans Raj Hans, Indian singer and politician ** Navraj Hans, Indian singer, actor, entrepreneur, cricket player and performer, son of Hans Raj Hans ** Yuvraj Hans, Punjabi actor and singer, son of Hans Raj Hans * Hans clan, a tribal clan in Punjab, Pakistan Places * Hans, Marne, a commune in France * Hans Island, administrated by Greenland and Canada Arts and entertainment * ''Hans'' (film) a 2006 Italian film directed by Louis Nero * Hans (Frozen), the main antagonist of the 2013 Disney animated film ''Frozen'' * ''Hans'' (magazine), an Indian Hindi literary monthly * ''Hans'', a comic book drawn by Grzegorz Rosiński and later by Zbigniew Kasprzak Other uses * Clever Hans, the "wonder horse" * ''The Hans India'', an English language newspaper in India * HANS device, a racing car safety device * Hans, the ISO 15924 code for Simplified Chinese characters See also *Han (other) Han may refer t ...
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Ranges Of Breach
In the Hebrew Bible and in the Old Testament, the word ranges has two very different meanings. Leviticus In Leviticus 11:35, ranges (כירים) probably means a cooking furnace for two or more pots, as the Hebrew word here is in the dual number; or perhaps a fireplace fitted to receive a pair of ovens. 2 Kings In 2 Kings 11:8, the Hebrew word is here different from the preceding: שדרות, meaning "ranks of soldiers." The Levites were appointed to guard the king's person within the temple (2 Chronicles 23:7), while the soldiers were his guard in the court, and in going from the temple to the palace. The soldiers are here commanded to slay any one who should break through the "ranks" (as rendered in the Revised Version) to come near the king. In 2 Kings 11:15, the expression, "Have her forth without the ranges (לשדרת)," is in the Revised Version, "Have her forth between the ranks;" i.e., Jehoiada orders that Athaliah Athaliah ( ''Gotholía''; ) was the daughter of ...
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Charles Fried
Charles Anthony Fried (born Karel Fried; April 15, 1935 – January 23, 2024) was an American jurist and lawyer. He served as Solicitor General of the United States under President Ronald Reagan from 1985 to 1989. He was a professor at Harvard Law School and a visiting professor at Columbia Law School. He also served on the board of the nonpartisan group, the Campaign Legal Center. Fried was the author of more than ten books and over 30 journal articles, and his work appeared in over a dozen collections. Early life and education Fried was born on April 15, 1935, in Prague, Czechoslovakia, to Marta and Anthony Fried. They were a Jewish family. His father was a Czech industrialist who served as a vice-president of the arms and automotive conglomerate Škoda Works. Fried described him as a "Czech patriot" and the family as having "always looked to the United States and to American democracy for inspiration". Before the German invasion of Czechoslovakia, the Frieds fled Czechosl ...
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Pareto Efficiency
In welfare economics, a Pareto improvement formalizes the idea of an outcome being "better in every possible way". A change is called a Pareto improvement if it leaves at least one person in society better off without leaving anyone else worse off than they were before. A situation is called Pareto efficient or Pareto optimal if all possible Pareto improvements have already been made; in other words, there are no longer any ways left to make one person better off without making some other person worse-off. In social choice theory, the same concept is sometimes called the unanimity principle, which says that if ''everyone'' in a society (strict inequality, non-strictly) prefers A to B, society as a whole also non-strictly prefers A to B. The Pareto frontier, Pareto front consists of all Pareto-efficient situations. In addition to the context of efficiency in ''allocation'', the concept of Pareto efficiency also arises in the context of productive efficiency, ''efficiency in prod ...
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Welfare Economics
Welfare economics is a field of economics that applies microeconomic techniques to evaluate the overall well-being (welfare) of a society. The principles of welfare economics are often used to inform public economics, which focuses on the ways in which government intervention can improve social welfare. Additionally, welfare economics serves as the theoretical foundation for several instruments of public economics, such as cost–benefit analysis. The intersection of welfare economics and behavioral economics has given rise to the subfield of behavioral welfare economics. Two fundamental theorems are associated with welfare economics. The first states that competitive markets, under certain assumptions, lead to Pareto efficient outcomes. This idea is sometimes referred to as Adam Smith's invisible hand. The second theorem states that with further restrictions, any Pareto efficient outcome can be achieved through a competitive market equilibrium, provided that a social ...
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Law And Economics
Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law. The field emerged in the United States during the early 1960s, primarily from the work of scholars from the Chicago school of economics such as Aaron Director, George Stigler, and Ronald Coase. The field uses economics concepts to explain the effects of laws, assess which legal rules are economically efficient, and predict which legal rules will be promulgated. There are two major branches of law and economics; one based on the application of the methods and theories of neoclassical economics to the positive and normative analysis of the law, and a second branch which focuses on an institutional analysis of law and legal institutions, with a broader focus on economic, political, and social outcomes, and overlapping with analyses of the institutions of politics and governance. History Origin The historical antecedents of law and economics can be traced back to ...
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Robert L
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' () "fame, glory, honour, praise, renown, godlike" and ''berht'' "bright, light, shining"). It is the second most frequently used given name of ancient Germanic origin.Reaney & Wilson, 1997. ''Dictionary of English Surnames''. Oxford University Press. It is also in use as a surname. Another commonly used form of the name is Rupert. After becoming widely used in Continental Europe, the name entered England in its Old French form ''Robert'', where an Old English cognate form (''Hrēodbēorht'', ''Hrodberht'', ''Hrēodbēorð'', ''Hrœdbœrð'', ''Hrœdberð'', ''Hrōðberχtŕ'') had existed before the Norman Conquest. The feminine version is Roberta. The Italian, Portuguese, and Spanish form is Roberto. Robert is also a common name in many Germanic languages, including En ...
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Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. What constitutes a breach of contract There exists two elementary forms of breach of contract. The first is actual failure to perform the contract as and when specified constitutes ...
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Law Review
A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging legal concepts from various topics. The primary function of a law review is to publish scholarship in the field of law. Law reviews publish lengthy, comprehensive treatments of subjects (referred to as "articles"), that are generally written by law professors, and to a lesser extent judges, or legal practitioners. The shorter pieces, attached to the articles, commonly called "notes" and "comments", often are written by law student members of the law review. Law review articles often express the thinking of specialists or experts with regard to problems, in a legal setting, with potential solutions to those problems. Historically, law review articles have been influential in the development of the law; they ...
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