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Acta Juridica, 2021
This contribution uses J & H Ritchie Ltd v Lloyd Ltd 2007 SC (HL) 89 as a peg on which to hang a number of fundamental questions about contract: What is a contract? Does the word ‘contract’ sometimes refer to a legal relationship rather than a juridical act? If so, does this matter? Is the law on implied terms satisfactory?
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This contribution uses J & H Ritchie Ltd v Lloyd Ltd 2007 SC (HL) 89 as a peg on which to hang a number of fundamental questions about contract: What is a contract? Does the word ‘contract’ sometimes refer to a legal relationship rather than a juridical act? If so, does this matter? Is the law on implied terms satisfactory?
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The American Journal of Comparative Law, 1997
Professor Treitel (1995) has defined a breach of contract in the following terms: ‘a breach of contract is committed when a party without lawful excuse fails or refuses to perform what is due from him under the contract, performs defectively or incapacitates himself from performing’.
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Professor Treitel (1995) has defined a breach of contract in the following terms: ‘a breach of contract is committed when a party without lawful excuse fails or refuses to perform what is due from him under the contract, performs defectively or incapacitates himself from performing’.
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Remedies for Breach of Contract
2006This work deals in comparative perspective with the various remedies available to the innocent party to a contract as a result of the breach of contract committed by the other party.
P S Atiyah, Stephen A Smith
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2014
Historically, the notion of breach of contract was by no means clear and coherent within European Private Law and even less so in the field of sales law in Europe. In this area of law many European national legal systems are influenced by the legacy of Roman sales law, in particular the claims regarding defective goods (actio redhibitoria and actio ...
Martin Schmidt-Kessel, Eva Silkens
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Historically, the notion of breach of contract was by no means clear and coherent within European Private Law and even less so in the field of sales law in Europe. In this area of law many European national legal systems are influenced by the legacy of Roman sales law, in particular the claims regarding defective goods (actio redhibitoria and actio ...
Martin Schmidt-Kessel, Eva Silkens
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2020
Abstract This chapter examines the significance of breach of contract. A party seeking to exercise the right to terminate for breach of contract must prove that the other party has broken the contract in the first place. Proving that a breach of contract has occurred involves three basic elements: (1) the party in question must have been
John E Stannard, David Capper
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Abstract This chapter examines the significance of breach of contract. A party seeking to exercise the right to terminate for breach of contract must prove that the other party has broken the contract in the first place. Proving that a breach of contract has occurred involves three basic elements: (1) the party in question must have been
John E Stannard, David Capper
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Breach of Contract and Remedies for Breach
2020Abstract Leaving aside anticipatory breach, the concept of breach in English law is a straightforward one which is adequately captured by referring to a failure to perform as the terms of the contract require (s 18(1)). Although one could elaborate on ‘failing to perform’ by talking of, for example, a refusal to perform or defective ...
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Remedies for Breach of Contract
2013Abstract This chapter builds on the previous chapter's discussion in drawing distinctions between the CISG and English law. This time the chapter considers the remedies for a breach of contract. In the event of non-performance by one of the contracting parties, various remedies are made available to the other under the CISG, largely ...
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Damages for breach of contract
1997We have already noted that a breach of contract gives rise to an action for damages, whether the term broken is a condition, a warranty or an innominate term. In this chapter we shall discuss the principles which are applied by the courts when assessing the damages payable on a breach of contract.
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Leveled Commitment Contracts and Strategic Breach
Games and Economic Behavior, 2001The importance of automated negotiation systems with self-interested agent is increasing intensely, being supported by the technological support of the growing communication infrastructure (Internet, WWW, EDI, HTML etc.). In non-cooperative game theory, self-interested agents try to deal with the probabilistically known future events by using ...
Tuomas Sandholm, Victor R. Lesser
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