Comparative Remedies for Breach of Contract
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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aggrieved party agreement apply approach Article award beneficiary breach of contract chapter Civil Code claim claimant common law compensation consequences consequential context Contract Damages contract law contract remedies contractual right cost court creditor debtor decision default rule defendant defendant’s dispute duty economic analysis efficient breach enforcement entitled example exit rule expectation damages F 2d foreseeability French law Friedmann German law injured party Israeli Law Journal law of contract Law of Obligations Law Review legal systems liability Lord mitigation negligence non-pecuniary loss non-performance norms party’s performance interest plaintiff principle private law promise promisee’s promisor protect pure economic loss reason recover recovery reliance remedies for breach remoteness responsibility restitution result risk Ruxley specific performance suffered termination third party third party beneficiary tion tort law transaction Unidroit unification theories Unjust Enrichment Yale Law Journal