Full Description
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.
Contents
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: foreseeability; causation; judicial discretion; mitigation; "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; conditions; 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.
