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Vol 21 No 11 Nov/Dec 2016

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Comparative Remedies for Breach of Contract (eBook)


ISBN13: 9781847316929
ISBN: 1847316921
Published: February 2005
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
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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 and does 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 recent reforms of the law relating to breach of contract in Germany 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 also contains an introductory essay, written by the editors, and an essay by Professor Friedmann which deals with the relationship between substantive rights and contract remedies.

Subjects:
Contract Law, eBooks
Contents:
Part One: Concepts, Coherence and Choice
1. Rights and Remedies
2. Multiplicity in Contract Remedies
3. Renegotiation, ‘Efficient Breach’ and Adjustment:
The Choice of Remedy for Breach of Contract
as a Choice of a Contract-Modification Theory

Part Two: Comparisons
4. The Law’s Response to Exit and Loyalty in
Contract Disputes
5. Comparative Reflections on the French Law of
Remedies for Breach of Contract
6. Modernisation of the German Law of Obligations:
Harmonisation of Civil Law and Common Law in
the Recent Reform of the German Civil Code
7. The New Approach to Breach of Contract in German Law
8. Remedies for Breach through the Lens of the
Third Party Beneficiary
9. Between Contract and Tort: Pure Economic Loss in Europe

Part Three: Specific Performance and Damages
10. Understanding Specific Performance
11. The Deterrent Factor of Damages where Pricing is Affected
12. An Agreement-Centred Approach to Remoteness
and Contract Damages
13. Damages for Non-Pecuniary Loss
Index

Series: International Studies in the Theory of Private Law

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