Contracts In General Chapter 16 Remedies For Breach Of Contract Courses Of Action Open To A Party Aggrieved
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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: Walter de Gruyter GmbH & Co KG
Release Date : 2020-10-26
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 Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-26 with Law categories.
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Force Majeure And Hardship Under General Contract Principles
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Author : Christoph Brunner
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Force Majeure And Hardship Under General Contract Principles written by Christoph Brunner and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
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.
Studies In The Contract Laws Of Asia
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Author : Mindy Chen-Wishart
language : en
Publisher: Oxford University Press
Release Date : 2016
Studies In The Contract Laws Of Asia 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 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 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.
International Encyclopedia Of Comparative Law
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Author : Bryant G. Garth
language : en
Publisher: BRILL
Release Date :
International Encyclopedia Of Comparative Law written by Bryant G. Garth and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
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.
International Encylopedia Of Comparative Law Instalment 7
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Author : K. Zweigert
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1981-08-01
International Encylopedia Of Comparative Law Instalment 7 written by K. Zweigert and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981-08-01 with Law categories.
No Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America
International Encyclopedia Of Comparative Law
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Author : B. A. Hepple
language : en
Publisher: Brill Archive
Release Date : 1996
International Encyclopedia Of Comparative Law written by B. A. Hepple and has been published by Brill Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Employment (Economic theory) categories.
International Encyclopedia Of Comparative Law Contracts In General
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Author :
language : en
Publisher:
Release Date : 1973
International Encyclopedia Of Comparative Law Contracts In General written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Comparative law categories.
International Encyclopedia Of Comparative Law
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Author : Mauro Cappelletti
language : en
Publisher: Brill Archive
Release Date : 1987
International Encyclopedia Of Comparative Law written by Mauro Cappelletti and has been published by Brill Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with categories.