Comparative Remedies For Breach Of Contract
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Comparative Remedies For Breach Of Contract
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Author : Nili Cohen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-02-28
Comparative Remedies For Breach Of Contract written by Nili Cohen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-02-28 with Law categories.
The book provides a comparative analysis of the law relating to remedies for breach of contract. It examines different remedies such as specific performance and damages,doing so from the viewpoint of different legal systems, principally the English, American, German, French and Israeli. Each essay is written by a recognised specialist in his or her own field. Topics covered include the relationship between substantive rights and contract remedies, the recent reforms of the law relating to breach of contract in Germany, the remedies in the context of a third party beneficiary and the extent to which a claimant can choose the remedy which he or she deems to be the most appropriate. The book also makes use of a range of techniques, particularly economic analysis, when examining the legal rules. The book contains an introductory essay written by the editors and an essay by Professor Friedman, which deals with the relationship between substantive rights and contract remedies.
Chinese Contract Law
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Chinese Contract Law written by Larry A. DiMatteo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Law categories.
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Remedies For Breach Of Contract
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Author : Mindy Chen-Wishart
language : en
Publisher: Oxford University Press
Release Date : 2016-02-12
Remedies For Breach Of Contract written by Mindy Chen-Wishart and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-12 with Law categories.
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 across the jurisdictions. 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.
Comparative Remedies For Breach Of Contract
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Author : Nili Cohen
language : en
Publisher: Hart Publishing
Release Date : 2005
Comparative Remedies For Breach Of Contract written by Nili Cohen and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
The book provides a comparative analysis of the law relating to remedies for breach of contract from the viewpoint of various legal systems.
Termination For Breach Of Contract
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Author : John E. Stannard
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Termination For Breach Of Contract written by John E. Stannard and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Breach of contract categories.
Providing a comprehensive and detailed treatment of termination as a remedy for breach of contract, this book gives a current account of the law and explains this complex area in a practical context. The book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. Breach is defined in terms of a failure, without good excuse, to perform an obligation under the contract, and the various aspects of this definition are explained in the light of the relevant authorities. In the following chapter in the section, termination is defined in terms of an election by the promisee, in consequence of a breach by the promisor, to claim discharge from his or her own primary obligations under the contract. This process, which can also be seen as a major contractual remedy in its own right, is distinguished from other processes with which it has a close relationship, most notably the right to withhold performance and discharge under the doctrine of frustration. The third section addresses the question when the right to terminate for breach arises. The law gives two answers to this question - when the term broken is classified as a 'condition' or when a 'fundamental' breach has occurred. The nature of a 'condition' in this sense is explained, and the criteria for identifying when a term should be classified as such is set out. Similarly, the criteria for identifying a fundamental breach is discussed, as is the difficult relationship between the concepts of fundamental breach and repudiation and the doctrine of anticipatory breach. The fourth and final section considers the consequences of the promisee's election whether to terminate or not. In this section the legal effects of termination with regard to the obligations and remedies available to the promisee and the promisor, and also its effect on the application of other terms in the contract such as exemption clauses, are analysed. The measure of damages available to the promisee following termination, most notably damages 'on the footing of repudiation' or damages for 'loss of the bargain' is also considered here alongside other general principles governing damages in this context. The final chapter examines the legal consequences of affirmation, once again both with regard to the promisee and the promisor, with particular emphasis on the extent of the promisee's right to enforce the performance of the contract by way of an action for an agreed sum or an action for specific performance.
Contract Enforcement
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Author : Edward Yorio
language : en
Publisher: Wolters Kluwer
Release Date : 2011-01-01
Contract Enforcement written by Edward Yorio and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
Rev. ed. of: Contract enforcement / Edward Yorio. c1989.
Remedies For Torts And Breach Of Contract
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Author : Andrew S. Burrows
language : en
Publisher: Oxford University Press
Release Date : 1994
Remedies For Torts And Breach Of Contract written by Andrew S. Burrows and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
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.
The Application Of The Theory Of Efficient Breach In Contract Law
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Author : Wenqing Liao
language : en
Publisher: Ius Commune: European and Comparative Law Series
Release Date : 2015
The Application Of The Theory Of Efficient Breach In Contract Law written by Wenqing Liao and has been published by Ius Commune: European and Comparative Law Series this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Breach of contract categories.
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]
Contractual Duties
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Author : Andrew Tettenborn
language : en
Publisher:
Release Date : 2012
Contractual Duties written by Andrew Tettenborn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Contracts categories.
This title offers a high level analysis of the law relating to the termination of contracts. It offers new and authoritative insights into how to proceed when contracts are beached or break down.
Contracts In General Chapter 16 Remedies For Breach Of Contract Courses Of Action Open To A Party Aggrieved
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Author : Guenter H. Treitel
language : en
Publisher:
Release Date : 1976-04
Contracts In General Chapter 16 Remedies For Breach Of Contract Courses Of Action Open To A Party Aggrieved written by Guenter H. Treitel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976-04 with categories.