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Comparative Remedies for Breach of Contract : International Studies in the Theory of Private Law - Ewan McKendrick

Comparative Remedies for Breach of Contract

International Studies in the Theory of Private Law

By: Ewan McKendrick (Editor), Nili Cohen (Editor)

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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.

...it will be of value to those working with international contracts... PWY Australian Law Review 2005 It is a valuable resource for the comparative private lawyer...The essays are diverse in the range of material they cover...containing some very valuable insights into some particular questions of remedies for breach... John Cartwright, Reader in the Law of Contract, University of Oxford European Review of Contract Law January 2005 Insgesamt gibt der Sammelband wertvolle Hinweise und Gedankenanstosse und gibt Einblick in neuere Forschungstendenzen im Vertragsrecht. Fur die rechtsvergleichende Forschungsgemeinschaft besonders hilfreich ist die umfangreiche Bearbeitung des nationalen 'case law' (insbesondere der israelischen Rechtsprechung) im Bereich der Rechtsbehelfe bei Vertragsverletzungen. Markus Muller-Chen Zeitschrift fur Europaisches Privatrecht 2007

Rights and remediesp. 3
Multiplicity in contract remediesp. 19
Renegotiation, 'efficient breach' and adjustment : the choice of remedy for breach of contract as a choice of a contract-modification theoryp. 51
The law's response to exit and loyalty in contract disputesp. 75
Comparative reflections on the French law of remedies for breach of contractp. 103
Modernisation of the German law of obligations : harmonisation of civil law and common law in the recent reform of the German civil codep. 123
The new approach to breach of contract in German lawp. 135
Remedies for breach through the lens of the third party beneficiaryp. 157
Between contract and tort : pure economic loss in Europep. 189
Understanding specific performancep. 221
The deterrent factor of damages where pricing is affectedp. 235
An agreement-centred approach to remoteness and contract damagesp. 249
Damages for non-pecuniary lossp. 287
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841134536
ISBN-10: 1841134538
Series: International Studies in the Theory of Private Law
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 368
Published: 28th February 2005
Country of Publication: GB
Dimensions (cm): 24.77 x 17.15  x 3.18
Weight (kg): 0.7
Edition Number: 1