Comparative Remedies for Breach of Contract

Nili Cohen, Ewan McKendrick
Bloomsbury Publishing, 28.2.2005 - 368 sivua
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.

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List of Contributors
Rights and Remedies
The Choice of Remedy for Breach of Contract 51 as
The Laws Response to Exit and Loyalty in Contract Disputes
Somerset County Council 2004 UKHL 13 296 298
London and South Western Railway Co 1875 LR 10 QB 111 287 292 311 319
Comparative Reflections on the French Law of Remedies for Breach of Contract
1 19 décembre 1984 Bull I no 343 122
Pure Economic Loss in Europe
Understanding Specific Performance
Abu Chatum v Abu Chatum CA 810998 552 PD 267 158 160
An AgreementCentred Approach to Remoteness and Contract Damages
Midland Railway Co 1873 LR 8 CP131 Exch 267 269
Beswick 1968 AC 58 260

5 1968 BGHZ 50 200 127
The New Approach to Breach of Contract in German
BVerfG NJW 2000 2187 153
Remedies for Breach through the Lens of the Third Party Beneficiary
Lavery Co Ltd v Jungheinrich 1931 AD 156 268
Damages for NonPecuniary Loss
National Blood Authority 2001 3 All ER 289 158

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Tietoja kirjailijasta (2005)

Nili Cohen is Professor of Law at Tel-Aviv University where she was previously Rector.
Ewan McKendrick is Professor of English Private Law in the University of Oxford and a Fellow of Lady Margaret Hall.

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