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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Remedies for Breach of Contract: A Comparative Account

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ISBN13: 9780198257448
ISBN: 0198257449
Published: February 1992
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 1988)
Price: Out of print
Hardback edition , ISBN13 9780198255000

Out of Print
The victim of a breach of contract may resort to one or more of four remedies: specific enforcement, compensation, refusal to perform, and termination.

The availability of these remedies may depend on the fault of the party alleged to be in breach. The book discusses these topics from a comparative perspective. The principal contrast is between civil and common law solutions. Contrasts within each group of systems are also pursued, in particular, those between English and American common law and those between French and German civil law.

Some related and hybrid systems are also discussed, as are conventions on international sale of goods. The aim is not to give a detailed analysis of particular systems, but rather to identify types of solutions and to consider how far differences in theoretical approach are reflected in practical results.

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Contract Law
enforced performance
substitutionary relief in money: general principles
damages for different types of default
methods of limiting damages
payments stipulated by the contract
defence of refusal to perform
termination of the contract.