A recent Delaware Supreme Court decision is noteworthy for: (1) addressing damages for breach of consent-rights, as well as (2) discussing the concept of efficient breach. In Leaf Invenergy Company v. Invenergy Renewals LLC, No. 308, 2018 (Del. Supr., May 2, 2019), the en banc court also engaged in a rare reversal of a
efficient breach
Professor Bainbridge on “Efficient Breach” Theory of Contract and Related Moral Issues
By Francis Pileggi on
Posted in Commentary
Professor Bainbridge discusses the "efficient breach" theory of contract law, and related moral issues that it may raise, in a post here.
The Delaware Court of Chancery, in its recent Nacco decision, summarized here, observed at page 61 of the slip opinion that Delaware recognizes that theory. In the Nacco case, the Court mentioned the…