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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
Article
Author(s)
Duong Anh Son
Gian Thi Le Na
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DOI:10.17265/1548-6591/2020.04.002
Affiliation(s)
Faculty of Economic and Law, University of Economics and Law,
Ho Chi Minh City, Viet Nam
Faculty of Economic and Law, University of Economics and Law,
Ho Chi Minh City, Viet Nam
ABSTRACT
From an economic view, in many
cases, a breach of contract is more beneficial than contract performance. It is
called efficient breach of contract. This article tries to indentify the type of
contract breach, then leads to provide a significant analysis of criteria of efficient
breach. Legal rules of damages recovery have an important role to determine an efficient
breach. The writing therefore focuses on a relationship between the efficient breach
of contract and damages recovery, as well as disgorgement, specific performance
and morality with empirical evidences of corresponding provisions of Vietnamese
law.
KEYWORDS
efficient breach, expectation damages, disgorgement, specific performance
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