Why Breach of Contract May Not be Immoral Given the Incompleteness of Contracts

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Why Breach of Contract May Not be Immoral Given the Incompleteness of Contracts

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Title: Why Breach of Contract May Not be Immoral Given the Incompleteness of Contracts
Author: Shavell, Steven
Citation: Steven M. Shavell, Why Breach of Contract May Not be Immoral Given the Incompleteness of Contracts, 107 Mich. L. Rev. 1569 (2009).
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Abstract: There is a widely held view that breach of contract is immoral. I suggest here that breach may often be seen as moral, once one appreciates that contracts are incompletely detailed agreements and that breach may be committed in problematic contingencies that were not explicitly addressed by the governing contracts. In other words, it is a mistake generally to treat a breach as a violation of a promise that was intended to cover the particular contingency that eventuated.
Published Version: http://www.michiganlawreview.org/assets/pdfs/107/8/shavell.pdf
Other Sources: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1372170
http://www.law.harvard.edu/programs/olin_center/papers/pdf/Shavell_631.pdf
Terms of Use: This article is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http://nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of-use#OAP
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:12027856
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