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Author : Nili Cohen,Ewan McKendrick
Publisher : Hart Publishing
Page : 369 pages
File Size : 47,8 Mb
Release : 2005
Category : Law
ISBN : 9781841134536
The book provides a comparative analysis of the law relating to remedies for breach of contract from the viewpoint of various legal systems.
Author : G. H. Treitel
Publisher : Unknown
Page : 480 pages
File Size : 51,5 Mb
Release : 1988
Category : Law
ISBN : STANFORD:36105044075567
This book, written by a well-known expert on English law, is a detailed analysis of the comparative law of remedies for breach of contract, one of the most important branches of contemporary contract law.
Author : Solène Rowan
Publisher : Oxford University Press on Demand
Page : 292 pages
File Size : 49,9 Mb
Release : 2012-01-26
Category : Law
ISBN : 9780199606603
Presenting a comprehensive and timely examination of remedies for breach of contract, this text analyses and challenges fundamental features of English contract law.
Author : Mindy Chen-Wishart,Alexander Loke,Burton Ong
Publisher : Oxford University Press
Page : 450 pages
File Size : 43,6 Mb
Release : 2016-02-11
Category : Law
ISBN : 9780191074424
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences throughout eachacross the jurisdictions, and comparisons with European jurisdictions from which Asians well as an overview of the common themes found throughout each jurisdiction .contract law derive. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
Author : Guenter Heinz Treitel
Publisher : Unknown
Page : 422 pages
File Size : 46,9 Mb
Release : 1991
Category : Electronic
ISBN : OCLC:638305886
Author : Guenter H. Treitel
Publisher : Walter de Gruyter GmbH & Co KG
Page : 188 pages
File Size : 47,8 Mb
Release : 2020-10-26
Category : Law
ISBN : 9783112322864
No detailed description available for "Contracts in general, Chapter 16: Remedies for Breach of Contract (Courses of Action Open to a Party Aggrieved)".
Author : Daniel Zatorski
Publisher : Springer Nature
Page : 169 pages
File Size : 45,9 Mb
Release : 2023-02-15
Category : Law
ISBN : 9783031254529
This book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate. This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland. Since the term ‘compensation’ is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law. In contrast, ‘restitution’ states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party’s expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.
Author : Guenter H. Treitel
Publisher : Unknown
Page : 185 pages
File Size : 42,8 Mb
Release : 1976
Category : Breach of contract
ISBN : OCLC:10770643
Author : Sebastian Röder
Publisher : GRIN Verlag
Page : 34 pages
File Size : 42,6 Mb
Release : 2014-10-23
Category : Law
ISBN : 9783656821243
Master's Thesis from the year 2010 in the subject Law - Comparative Legal Systems, Comparative Law, grade: B+, University of Auckland, course: Remedies for breach of contract, language: English, abstract: In the now famous Blake case the majority in the House of Lords has granted a (restitutionary) remedy for a breach of contract which has been alien to the law of contract so far. Although it was held to be available only in exceptional circumstances the judgment prompted Lord Hobhouse to express the following warning in his dissenting opinion: "If some more extensive principle of awarding non compensatory damages for breach of contract is to be introduced into our commercial law, the consequences will be very far-reaching and disruptive." It is the goal of this essay to examine whether Lord Hobhouse’s fear of a silent reconceptualisation of the law of contract is justified. In order to fully understand the potential impact of the Blake case it is vital to bring oneself to mind what the law of contract was before the judgement in Blake was rendered. Accordingly the essay will start with an outline as to which remedies were and in fact still are available to a claimant under the pre-Blake law. After a summary of the Blake case itself, it will be described why a broad Blake remedy indeed might have a revolutionary effect on the conventional law of contract. However, – as history shows – not all revolutions are bad. Thus, even if Blake should have far-reaching and disruptive consequences on the law of contract it is by no means said that this is an undesirable result. It should be borne in mind that the law of contract is a default system that provides remedies for a breach of contract in case the parties did not – unconsciously or deliberately – stipulate their own remedies which they are free to do. Ideally this default system leads to just and economically reasonable results. By this measure a default system has to prove its value and practicability. Thus, if it turns out that a law of contract under which the Blake remedy is generally available is superior to the current law its implementation must not be declined only because of its revolutionary character. Part IV of this essay draws the necessary comparison between the two alternatives in terms of economic efficiency. In doing so special attention is given to what is called the “efficient breach theory”, which is often called upon to defend the current contractual rules. The essay will then conclude with a final assessment as to what the contract of law should be like in the author’s opinion.
Author : Sergio Mittlaender
Publisher : Springer Nature
Page : 241 pages
File Size : 47,5 Mb
Release : 2022-12-02
Category : Law
ISBN : 9783031108044
This book analyzes the conflict that emerges between parties after a breach of contract and how different legal remedies can best reduce conflict. Causes for conflict include equity, efficiency, and ethical reasons that parties might consider and use to blame the other or to justify breach. In the end, if not resolved through apologies or renegotiation, conflict leads to aggrievement and behavioral reactions in form of retaliation by the victim against the promisor in breach. The book provides empirical evidence from laboratory experiments for how individuals react to perceived wrongful acts such as breach of contract and for the function of legal remedies to reduce retaliation by disappointed promisees in providing them compensation. It reveals how the inequality in the outcome, and not the inefficiency of breach of contract, causes aggrievement and retaliation by victims. The book concludes with a comparative law and economic analysis of remedies for breach of contract adopted in different leading jurisdictions, with important normative implications for the American insistence on expectation damages, the French expansion of specific performance with "astreinte", the German junction of specific performance, expectation damages, and disgorgement damages, and the British timid acceptance of partial disgorgement damages. The book will appeal to scholars, researchers, and students of economics and law, interested in a better understanding of remedies for breach of contract.
Author : Günter H. Treitel
Publisher : Unknown
Page : 0 pages
File Size : 54,7 Mb
Release : 1976
Category : Electronic
ISBN : OCLC:833255558
Author : Wenqing Liao
Publisher : Ius Commune: European and Comparative Law Series
Page : 0 pages
File Size : 54,8 Mb
Release : 2015
Category : Breach of contract
ISBN : 1780683561
This book analyses the theory of efficient breach in English sales law, European Union contract law and Chinese contract law. It analyses the framework of the efficient breach theory and reconsiders the implications of this theory. According to the traditional efficient breach theory, the remedy of expectation damages is able to motivate efficient breach, which brings the breaching party economic surplus without making the non-breaching party worse off. The essential problems are how to motivate contract parties to make rational decisions and how to solve cases where performance of a contract turns out to be less efficient after its conclusion. The second part of the book further extends the efficient breach theory to the study of contract law systems by analysing how exactly those laws react to breach and what solutions are adopted by them. The comparison of these three systems is more than a mere description of the differences and similarities in the content. More importantly, this comparative research also analyses whether or not the differences between these systems will influence the level of efficiency produced by each legal system by taking account of the different traditions and the concepts of contracts involved in each legal system. Researchers in contract law will also be interested in this approach, particularly for re-thinking the question of whether one legal system is definitely better or worse than the other two. (Series: Ius Commune Europaeum - Vol. 142) Subject: Contract Law, Sales Law, European Law, Chinese Law, International Law]
Author : Andrew S. Burrows
Publisher : Oxford University Press
Page : 483 pages
File Size : 45,7 Mb
Release : 1994
Category : Law
ISBN : 0406507139
Remedies is the principal area around which the concept of obligations is developed, and is taught as a course option at some universities. This book has proved to be ideal as the main text for such an option.
Author : Hugh Beale
Publisher : Unknown
Page : 248 pages
File Size : 53,8 Mb
Release : 1950
Category : Breach of contract
ISBN : OCLC:29977485
Author : Jan M Smits
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 41,7 Mb
Release : 2014-08-29
Category : Law
ISBN : 9781783478514
This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. Unlike most other texts _ which tend either to introduce students to the national contrac
