Tag Archives: efficient breach

Delaware Supreme Court Addresses Damages for Breach of Consent-Rights, and Efficient Breach Theory

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 Court … Continue Reading

Professor Bainbridge on “Efficient Breach” Theory of Contract and Related Moral Issues

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 theory in … Continue Reading