Abstract

Abstract The economic goal of the doctrine of efficient breach is to ensure that the rules and remedies of contract law are expected to be value maximising and that contracts are breached only if a breach is value maximising. The theory originated in the United States, and it has not been adopted in Qatar or any civil law countries. This article makes an initial attempt to understand the legal hurdles in civilian traditions that lead to rejection of the theory. Before analysing the hurdles to the theory of efficient breach, a proper appreciation for how and when efficient breach arises is necessary. One might worry about the tendency of efficient breach theory to escape its proper bounds. Therefore, analysis of efficient breach should fully consider all possible consequences and remedies available to the non-breaching party when the contract is breached.

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