Under a regime of expectation damages, each party has the option to breach and pay damages, rather than incur the cost of performance. This paper concerns the timing of breach or repudiation. The benefit to the repudiating party from early repudiation is the decrease in damages liability due to...

Covenants not to compete (CNCs) are used in employment contracts to prevent employees from working for other employers. The legal enforcement of CNCs varies across jurisdictions in the U.S.: some states ban them (notably, California), while a majority of states enforce CNCs when they reasonably...