Mark P. Gergen,
Theory of Self-Help Remedies in Contract, A, 89
B.U. L. Rev.
Available at: http://scholarship.law.berkeley.edu/facpubs/1667
The article discusses the positive and normative aspects of self-help remedies in contracts. Self-remedies are defined as actions that a party may take in a bid to resolve a breach of contract without the need to go to court. It is said that the power to withhold performance amid a breach tends to be used with the power to refuse non-conforming performance. The author believes that the law of self-help allows a great deal of waste in avoiding the risk of short-changing contract rights, leading to the undermining of the theory of efficient breach.