Show simple item record

dc.contributor.authorHyman, Nathan
dc.descriptionThe file is restricted for YU community access only.
dc.description.abstractThe theory of 'efficient breach' permits, and even encourages, contractual breach that advances economic efficiency. It rejects the notion that breach is a moral failure, and advocates contractual breach that moves goods and services to higher valued uses. Efficient breach has been fiercely debated by judges, legal scholars, economists, and moral philosophers since it was first proposed.1 The theory of efficient breach lies at the intersection of law, morality, and economics. This makes the theory an ideal forum to compare and contrast 'secular' perspectives on efficient breach with those of halachah. A comparative study reveals divergent understandings of promise-keeping, economic efficiency, and the role of law. Although many consider efficient breach to be on the “cutting edge of contract law,”2 the classic halachic sources provide a sophisticated understanding of contract law, and a different lens with which to evaluate efficient breach. The differing approaches have important implications for public policy, economics, and modern marketsen_US
dc.description.sponsorshipJay and Jeanie Schottenstein Honors Programen_US
dc.publisherYeshiva Collegeen_US
dc.rightsAttribution-NonCommercial-NoDerivs 3.0 United States*
dc.subjectBreach of contract (Jewish law)en_US
dc.subjectBreach of contract.en_US
dc.subjectEconomics --Religious aspects --Judaism.en_US
dc.subjectEconomics --Moral and ethical aspects.en_US
dc.titleThe Theory of Efficient Breach: Contrasting Halachic and Secular Perspectivesen_US

Files in this item


This item appears in the following Collection(s)

Show simple item record

Attribution-NonCommercial-NoDerivs 3.0 United States
Except where otherwise noted, this item's license is described as Attribution-NonCommercial-NoDerivs 3.0 United States