Comparative Remedies For Breach Of Contract

Author : Nili Cohen
Publisher : Hart Publishing
ISBN 13 : 1841134538
Total Pages : 369 pages
Book Rating : 4.36/5 ( download)

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Download or read book Comparative Remedies for Breach of Contract written by Nili Cohen and published by Hart Publishing. This book was released on 2005 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a comparative analysis of the law relating to remedies for breach of contract from the viewpoint of various legal systems.

Author : G. H. Treitel
Publisher :
ISBN 13 :
Total Pages : 480 pages
Book Rating : 4.67/5 ( download)

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Download or read book Remedies for Breach of Contract written by G. H. Treitel and published by . This book was released on 1988 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written by a well-known expert on English law, is a detailed analysis of the comparative law of remedies for breach of contract, one of the most important branches of contemporary contract law.

Author : Solène Rowan
Publisher : Oxford University Press on Demand
ISBN 13 : 0199606609
Total Pages : 292 pages
Book Rating : 4.03/5 ( download)

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Download or read book Remedies for Breach of Contract written by Solène Rowan and published by Oxford University Press on Demand. This book was released on 2012-01-26 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a comprehensive and timely examination of remedies for breach of contract, this text analyses and challenges fundamental features of English contract law.

Author : Guenter Heinz Treitel
Publisher :
ISBN 13 :
Total Pages : 422 pages
Book Rating : 4.86/5 ( download)

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Download or read book Remedies for Breach of Contract written by Guenter Heinz Treitel and published by . This book was released on 1991 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Mindy Chen-Wishart
Publisher : Oxford University Press
ISBN 13 : 019107442X
Total Pages : 450 pages
Book Rating : 4.24/5 ( download)

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Download or read book Studies in the Contract Laws of Asia written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2016-02-11 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences throughout eachacross the jurisdictions, and comparisons with European jurisdictions from which Asians well as an overview of the common themes found throughout each jurisdiction .contract law derive. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.

Author : Guenter H. Treitel
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 311232286X
Total Pages : 188 pages
Book Rating : 4.64/5 ( download)

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Download or read book Contracts in general, Chapter 16: Remedies for Breach of Contract (Courses of Action Open to a Party Aggrieved) written by Guenter H. Treitel and published by Walter de Gruyter GmbH & Co KG. This book was released on 2020-10-26 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "Contracts in general, Chapter 16: Remedies for Breach of Contract (Courses of Action Open to a Party Aggrieved)".

Author : Daniel Zatorski
Publisher :
ISBN 13 : 9783031254536
Total Pages : 0 pages
Book Rating : 4.38/5 ( download)

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Download or read book Gain-based Remedies for Breach of Contract written by Daniel Zatorski and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate. This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland. Since the term 'compensation' is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law. In contrast, 'restitution' states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party's expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.

Author : Guenter H. Treitel
Publisher :
ISBN 13 :
Total Pages : 185 pages
Book Rating : 4.43/5 ( download)

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Download or read book Remedies for Breach of Contract written by Guenter H. Treitel and published by . This book was released on 1976 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Wenqing Liao
Publisher : Ius Commune: European and Comparative Law Series
ISBN 13 : 9781780683560
Total Pages : 0 pages
Book Rating : 4.61/5 ( download)

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Download or read book The Application of the Theory of Efficient Breach in Contract Law written by Wenqing Liao and published by Ius Commune: European and Comparative Law Series. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the theory of efficient breach in English sales law, European Union contract law and Chinese contract law. It analyses the framework of the efficient breach theory and reconsiders the implications of this theory. According to the traditional efficient breach theory, the remedy of expectation damages is able to motivate efficient breach, which brings the breaching party economic surplus without making the non-breaching party worse off. The essential problems are how to motivate contract parties to make rational decisions and how to solve cases where performance of a contract turns out to be less efficient after its conclusion. The second part of the book further extends the efficient breach theory to the study of contract law systems by analysing how exactly those laws react to breach and what solutions are adopted by them. The comparison of these three systems is more than a mere description of the differences and similarities in the content. More importantly, this comparative research also analyses whether or not the differences between these systems will influence the level of efficiency produced by each legal system by taking account of the different traditions and the concepts of contracts involved in each legal system. Researchers in contract law will also be interested in this approach, particularly for re-thinking the question of whether one legal system is definitely better or worse than the other two. (Series: Ius Commune Europaeum - Vol. 142) Subject: Contract Law, Sales Law, European Law, Chinese Law, International Law]

Author : Graham Virgo
Publisher : Cambridge University Press
ISBN 13 : 1316764559
Total Pages : 625 pages
Book Rating : 4.58/5 ( download)

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Download or read book Commercial Remedies: Resolving Controversies written by Graham Virgo and published by Cambridge University Press. This book was released on 2017-08-24 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.