Comparative Remedies for Breach of ContractNili 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. |
Sisältö
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 | |
EUROPEAN COURT OF JUSTICE | |
Understanding Specific Performance | |
Abu Chatum v Abu Chatum CA 810998 552 PD 267 158 160 | |
An AgreementCentred Approach to Remoteness and Contract Damages | |
SOUTH AFRICA | |
Midland Railway Co 1873 LR 8 CP131 Exch 267 269 | |
Beswick 1968 AC 58 260 | |
GERMANY | |
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 | |
ISRAEL | |
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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aggrieved party agreement apply approach Article award beneficiary’s right benefit breach of contract category circumstances Civil Code claim damages claimant common law compensation concept consequences consequential context Contract Damages contract law contract remedies contractual obligations contractual right costs court creditor debtor decision default rule defective defendant defendant’s different Droit duty efficient efficient breach enforcement entitled example expectation damages foreseeability French law Friedmann German law Gift Law impossible injured party insurance Israeli law Law Journal law of contract law of obligations Law Review legal systems liability limited Lord mitigation negligence non-pecuniary loss non-performance norms number party’s PECL performance interest plaintiff price principle promise promisor property protection provide pure economic loss question reasonable recover recovery regard regimes reliance remedies for breach Remedies Law required responsibility Restatement Second restitution result risk section specific performance suffered terminate the contract third party beneficiary tort law transaction Unidroit value view violation