Comparative Remedies For Breach Of Contract

Overview

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 recognized 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 ...
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Comparative Remedies for Breach of Contract

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Overview

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 recognized 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 which deals with the relationship between substantive rights and contract remedies.
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Product Details

Table of Contents

Introduction
1 Rights and remedies 3
2 Multiplicity in contract remedies 19
3 Renegotiation, 'efficient breach' and adjustment : the choice of remedy for breach of contract as a choice of a contract-modification theory 51
4 The law's response to exit and loyalty in contract disputes 75
5 Comparative reflections on the French law of remedies for breach of contract 103
6 Modernisation of the German law of obligations : harmonisation of civil law and common law in the recent reform of the German civil code 123
7 The new approach to breach of contract in German law 135
8 Remedies for breach through the lens of the third party beneficiary 157
9 Between contract and tort : pure economic loss in Europe 189
10 Understanding specific performance 221
11 The deterrent factor of damages where pricing is affected 235
12 An agreement-centred approach to remoteness and contract damages 249
13 Damages for non-pecuniary loss 287
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