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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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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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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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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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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.
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Efficient Material Breach of Contract
Journal of Law, Economics, and Organization, 2017In an environment in which sellers can reduce the probability of defective delivery through cooperative investment, and in which enforcement of default remedies for breach of contract is imperfect, an optimal performance standard grants buyers the option to reject goods for some but not all defects, in other words, when the delivery is sufficiently ...
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2019
The Casebook series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. The performance obligations of the parties to a contract are determined by contractual terms. A breach of contract arises when a party fails to fully comply with a performance obligation, without lawful ...
Robert Merkin, Séverine Saintier
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The Casebook series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. The performance obligations of the parties to a contract are determined by contractual terms. A breach of contract arises when a party fails to fully comply with a performance obligation, without lawful ...
Robert Merkin, Séverine Saintier
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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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