Conclusion

My work sets out to contribute to a more complex theory of remedies. There is not one superior remedy but context matters. The subject of the analysis is the efficient breach scenario. The analysis goes beyond simplifying debates like whether the greater problem is undercompensatory damages which would incentivize the seller to breach too often or whether bargaining costs render specific performance inefficient. It takes a more generalizable approach than using factors like the type of contract to build categories and making assumptions what kind of inefficiency would be more prominent in the respective category. This chapter summarizes the findings of that analysis, categorizes them and provides the bigger picture.