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Author: Nili Cohen
Publisher: Hart Publishing
Published: 2005
Total Pages: 369
ISBN-13: 1841134538
DOWNLOAD EBOOKThe book provides a comparative analysis of the law relating to remedies for breach of contract from the viewpoint of various legal systems.
Author: Solène Rowan
Publisher: Oxford University Press on Demand
Published: 2012-01-26
Total Pages: 292
ISBN-13: 0199606609
DOWNLOAD EBOOKPresenting a comprehensive and timely examination of remedies for breach of contract, this text analyses and challenges fundamental features of English contract law.
Author: Guenter H. Treitel
Publisher: Oxford University Press
Published: 1991
Total Pages: 422
ISBN-13: 9780198257448
DOWNLOAD EBOOKA discussion, from a comparative perspective, of the alternative options a breach of contract victim may take, contrasting between civil and common law solutions, and international groups of systems, aiming to identify how far differences in theoretical approach are reflected in practical results.
Author: Mindy Chen-Wishart
Publisher: Oxford University Press
Published: 2016-02-12
Total Pages: 531
ISBN-13: 0191074411
DOWNLOAD EBOOKStudies 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 across the jurisdictions. 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: Larry A. DiMatteo
Publisher: Cambridge University Press
Published: 2017-10-26
Total Pages: 545
ISBN-13: 1107176328
DOWNLOAD EBOOKA unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author: Graham Virgo
Publisher: Cambridge University Press
Published: 2017-08-24
Total Pages: 625
ISBN-13: 1316764559
DOWNLOAD EBOOKThe 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.
Author: Wenqing Liao
Publisher: Ius Commune: European and Comparative Law Series
Published: 2015
Total Pages: 0
ISBN-13: 9781780683560
DOWNLOAD EBOOKThis 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: Andrew S. Burrows
Publisher: Oxford University Press, USA
Published: 2004
Total Pages: 0
ISBN-13: 9780406977267
DOWNLOAD EBOOKNow in its third edition this popular text has been comprehensively rewritten to take account of all new developments in the law, as well as Law Commission reports and academic writings. The book has also been restructured and divided into parts which correspond to the primary functions of the remedies for torts and breach of contract, namely compensation, restitution and punishment, compelling performance or preventing (or compelling the undoing of) a wrong, and declaring rights. Reflecting their increased importance in practice, and the considerable recent academic attention devoted to them, there is also a new chapter on remedies for equitable wrongs such as breach of fiduciary duty and reach of confidence.
Author: Guenter H. Treitel
Publisher:
Published: 1976-04
Total Pages: 184
ISBN-13: 9783112322857
DOWNLOAD EBOOKAuthor: Janwillem Oosterhuis
Publisher: Martinus Nijhoff Publishers
Published: 2011-04-07
Total Pages: 653
ISBN-13: 9004196056
DOWNLOAD EBOOKThis book illustrates the influence of early human rights and mass industrialisation on the right to (physically) enforce performance of obligations in France, the German territories and the Netherlands during the nineteenth century. It provides background information to the harmonisation of a controversial concept in European Private Law.
