Termination For Breach Of Contract
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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.
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.
Chinese Contract Law Theory Practice Second Edition
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Author : Mo Zhang
language : en
Publisher: BRILL
Release Date : 2019-12-16
Chinese Contract Law Theory Practice Second Edition written by Mo Zhang and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-16 with Law categories.
Chinese Contract Law (2nd Ed) offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China. The book discusses various contract issues from theoretic and practical viewpoints, and addresses major contractual matters in a comparative way. It examines the law of contracts as drafted, interpreted and applied with Chinese characteristics. The second edition comprises the latest developments in contract legislation, adjudication and practices in China, including the newly adopted laws, judicial interpretations and guiding cases. It emphasizes contextual distinctions and transactional considerations relevant to contract research and practice. The book provides a meaningful tool to get inside the contemporary contract law of China.
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.
The Civil Code Of The People S Republic Of China
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Author : Durham Law School
language : en
Publisher: BRILL
Release Date : 2021-10-18
The Civil Code Of The People S Republic Of China written by Durham Law School and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Business & Economics categories.
This contribution provides the important and timely bilingual version of the Chinese Civil Code and the Supreme People’s Court’s Judicial Interpretation of the Temporal Effect of the Civil Code. Providing translations by a diverse group of esteemed legal scholars, on Contract Law, Tort Law, Marriage, Family and Succession Law, General and Personality Provisions and Property Law, this unique resource will be important for all those with an interest in Chinese Law.
Misrepresentation Mistake And Non Disclosure
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Author : John Cartwright
language : en
Publisher: Sweet & Maxwell
Release Date : 2012
Misrepresentation Mistake And Non Disclosure written by John Cartwright and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.
A Manual Of Style For Contract Drafting
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Author : Kenneth A. Adams
language : en
Publisher: American Bar Association
Release Date : 2004
A Manual Of Style For Contract Drafting written by Kenneth A. Adams and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.
Interpretation Of Contracts
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Author : Kim Lewison
language : en
Publisher:
Release Date : 2013
Interpretation Of Contracts written by Kim Lewison and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Contracts categories.
The 5th edition provides thorough treatment of one of the most fundamental areas of law - the interpretation of contracts. All those drafting, revising or advising on written agreements will benefit from its detailed discussion of the rules of contract interpretation.