Document Type

Article

Comments

Subsequently published in Michigan Law Review, Vol. 107, 2009, 1569-1582.

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.

Date of Authorship for this Version

3-1-2009

Keywords

law and economics