Breaching a contract is not acting in “bad faith” Law professors talk about the theory of “efficinet breach”. The law doesn’t anticipate people sticking with contracts that would be more efficient to breach. Efficient breach has been going on for hundreds of years int he world of contractual obligations. Handshakes may be as enforceable as written contracts under certain circumstances. Handshake deals have also be breached to increase efficiency since people have started shaking hands.
