Comparative Remedies for Breach of Contract (eBook, ePUB)

Redaktion: Cohen, Nili; McKendrick, Ewan

• Format: ePub

Produktbeschreibung

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,doing 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 relationship between substantive rights and contract remedies, the recent reforms of the law relating to breach of contract in Germany, the remedies in the context of a third party beneficiary 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 contains an introductory essay written by the editors and an essay by Professor Friedman, which deals with the relationship between substantive rights and contract remedies.

Produktdetails

• Verlag: Bloomsbury UK eBooks
• Seitenzahl: 368
• Erscheinungstermin: 28. Februar 2005
• Englisch
• ISBN-13: 9781847316929
• Artikelnr.: 41510783

Autorenporträt

Nili Cohen is Professor of Law at Tel-Aviv University where she was previously Rector. Ewan McKendrick is Professor of English Private Law in the University of Oxford and a Fellow of Lady Margaret Hall.

Inhaltsangabe

Introduction Nili Cohen and Ewan McKendrick Part One: Concepts, Coherence
and Choice 1. Rights and Remedies Daniel Friedmann 2. Multiplicity in
Contract Remedies Roy Kreitner 3. Renegotiation, 'Efficient Breach' and
Adjustment: The Choice of Remedy for Breach of Contract as a Choice of a
Contract-Modification Theory Barak Medina Part Two: Comparisons 4. The
Law's Response to Exit and Loyalty in Contract Disputes Mark P Gergen 5.
Comparative Reflections on the French Law of Remedies for Breach of
Contract Yves-Marie Laithier 6. Modernisation of the German Law of
Obligations: Harmonisation of Civil Law and Common Law in the Recent Reform
of the German Civil Code Andreas Heldrich and Gebhard M Rehm 7. The New
Approach to Breach of Contract in German Law Dagmar Coester-Waltjen 8.
Remedies for Breach through the Lens of the Third Party Beneficiary Nili
Cohen 9. Between Contract and Tort: Pure Economic Loss in Europe Mauro
Bussani and Vernon Valentine Palmer Part Three: Specific Performance and
Damages 10. Understanding Specific Performance Lionel Smith 11. The
Deterrent Factor of Damages where Pricing is Affected David Gilo 12. An
Agreement-Centred Approach to Remoteness and Contract Damages Adam Kramer
13. Damages for Non-Pecuniary Loss Ewan McKendrick and Katherine
Worthington