IDEAS home Printed from https://ideas.repec.org/h/spr/sprchp/978-981-16-5145-8_7.html
   My bibliography  Save this book chapter

When is Breaking a Promise Allowed? Contract Law

In: Econo-Legal Studies

Author

Listed:
  • Akira Saito

    (Kobe University)

  • Hiroshi Tanaka

    (Kobe University)

  • Yoshinobu Zasu

    (Kansai University)

Abstract

A contract is a tool for social and economic cooperation, and adhering to contracts is a universal rule dictated by society. Contracts enable people to coexist and live better and happier lives through voluntary, mutually beneficial economic exchanges. From this perspective, the legal system supporting contracts is desirable from both economics and law perspectives. However, each country’s laws vary greatly, including their methods for addressing and remedying contract breaches. In this chapter, we attempt to clarify why Japanese and English laws differ greatly in their approaches to obligations to mitigate damages (i.e., the other party’s obligation to cooperate to reduce the liability of the breaching contractor) despite having almost identical rules regarding the scope of damages. This chapter also investigates which method is superior from the perspectives of economics and law.

Suggested Citation

  • Akira Saito & Hiroshi Tanaka & Yoshinobu Zasu, 2021. "When is Breaking a Promise Allowed? Contract Law," Springer Books, in: Takashi Yanagawa & Hiroshi Takahashi & Shinya Ouchi (ed.), Econo-Legal Studies, chapter 0, pages 149-183, Springer.
    • Handle: RePEc:spr:sprchp:978-981-16-5145-8_7
    DOI: 10.1007/978-981-16-5145-8_7
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:spr:sprchp:978-981-16-5145-8_7. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.