Theory of Self-Help Remedies in Contract, ABoston University Law Review
AbstractThe article discusses the positive and normative aspects of self-help remedies in contracts. Self-remedies are defined as actions that a party may take in a bid to resolve a breach of contract without the need to go to court. It is said that the power to withhold performance amid a breach tends to be used with the power to refuse non-conforming performance. The author believes that the law of self-help allows a great deal of waste in avoiding the risk of short-changing contract rights, leading to the undermining of the theory of efficient breach.
Citation InformationMark P. Gergen, Theory of Self-Help Remedies in Contract, A, 89 B.U. L. Rev. 1397 (2009)