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Is it possible to have an efficient breach for employment contracts?

Discussion in 'Employment Contracts & Work Policies' started by dstoltz, Dec 1, 2011.

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  1. dstoltz

    dstoltz Law Topic Starter New Member

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    Looking for an example of an efficient breach for employment contracts that make both parties better off economically. Don't really need details since I'm more interested in if this is just possible. I can't think of any off the top of my head. There are many examples of efficient breach in contracts but is there one for employment contracts?

    Thanks,

    DS
     
  2. army judge

    army judge Super Moderator

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    Here is an old law school outline I used many years ago.

    Does this help?

    I hated this then, I loathe it now!!!

    Ugh!

    But, to answer your query, yes; such a breach is possible in any form of contracts.

    That applies to employment contracts, too.

    However, there are certain employment contracts where it would not apply.

    Wanna take a stab at presenting a couple examples?



    Might I ask, what is your interest in this rather boring and academic topic?

    This is a law review article that offers some insight into this topic.

    http://llr.lls.edu/volumes/v36-issue2/mccamus.pdf

    Another useful example:

    http://law.scu.edu/FacWebPage/Neustadter/contractsebook/main/commentary/Compensatory damages.html

    You might find this somewhat on point:

    http://skepticlawyer.com.au/2009/02/13/efficient-breach-canned-by-hca/

    And, yet another scholarly law review of this subject:

    http://www.michiganlawreview.org/assets/pdfs/107/8/shiffrin.pdf

    I gotta stop now.

    This hurts me more than words can say!

     
    Last edited: Dec 1, 2011

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