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Vol 24 No 12 Dec 19/Jan 20

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Cover of Merkin and Flannery on the Arbitration Act 1996

Merkin and Flannery on the Arbitration Act 1996

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Remedies for Breach of Contract: A Comparative Account

ISBN13: 9780198255000
ISBN: 0198255004
Published: October 1988
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00
Paperback edition out of print, ISBN13 9780198257448

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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 principle 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.

Contract Law, Comparative Law
Part 1 Fault: cases of strict liability
the borderland of fault and strict liability
fault in relation to other rules affecting remedies.
Part 2 Enforced performance:
concept and availability of enforced performance.
Part 3 Substitutionary relief in money - general principles:
the compensatory principle
the interests protected
relationship between expectation, reliance and restitution
bases of assessment.
Part 4 Damages for different types of default:
delay, non-performance and defective performance
notice of default - civil and common law.
Part 5 Methods of limiting damages:
judicial discretion
"certainty" of damage
specific limitations.
Part 6 Payments stipulated by the contract:
nature and purposes of penalty clauses
effects and enforceability of penalty clauses
penalty clauses as limitations of liability
deposits and part payments.
Part 7 Defence of refusal to perform:
classifications of contracts
order of performance
partial and defective performance
effects and nature of the remedy.
Part 8 Termination of the contract:
the machinery and grounds for termination
the option to terminate
effects of termination
restrictions on the right to terminate
analogous remedies.