Cc. Taylor, NO-CHALLENGE TERMINATION CLAUSES - INCORPORATING INNOVATION POLICY AND RISK ALLOCATION INTO PATENT LICENSING LAW, Indiana law journal, 69(1), 1993, pp. 215-254
[A]lmost any contract problem can be solved as a tort problem by askin
g what sanction is necessary to prevent the performing or paying party
from engaging in socially wasteful conduct, such as taking advantage
of the vulnerability of a party who performs his side of the bargain f
irst.