Jump to ContentJump to Main Navigation

You are looking at 1-20 of 49 items

  • Keywords: breach of contract x
Clear All Modify Search

View:

Inducing Breach of Contract

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

The classic form of this tort, as featured in Lumley v Gye, involves the defendant persuading the claimant's contract partner to contract breach. Subsequently courts accepted varieties of this tort, ... More


An Analysis of the Economic Torts

Hazel Carty

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

The economic torts for too long have been under-theorised and under-explored by academics and the judiciary alike. Also in recent years claimants have exploited the resulting chaos by attempting to ... More


Failure of Consideration

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0012
Subject:
Law, Law of Obligations

Where the claimant transfers a benefit to the defendant pursuant to a transaction which is subject to a condition, or a basis, and this condition has not been satisfied, it is possible to conclude ... More


CONTRACT: IN GENERAL

Ewan McKendrick

in English Private Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661770
eISBN:
9780191778612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661770.003.0008
Subject:
Law, Law of Obligations, Company and Commercial Law

A contract is an agreement which is either enforced by law or recognized by law as affecting the rights and duties of the parties. This chapter on the law of contract discusses the following: ... More


Anti-Insurance

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0008
Subject:
Law, Comparative Law

This chapter proposes a novel contract, dubbed “anti-insurance,” that perfectly solves the paradox of compensation. Breach of contract by the promisor poses a risk of loss to the promisee. With ... More


Termination of the Contract

G. H. Treitel

in Remedies for Breach of Contract: A Comparative Account

Published in print:
1988
Published Online:
March 2012
ISBN:
9780198255000
eISBN:
9780191681554
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255000.003.0009
Subject:
Law, Law of Obligations

A party who is aggrieved as a result of not obtaining the performance for which he bargained, may wish to put an end to further performance of the contract and also so far as possible to put matters ... More


Restitution for Breach of Contract

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0017
Subject:
Law, Law of Obligations

Where the defendant has breached a contract, the claimant can obtain damages which are assessed by reference to any loss or injury which he or she has suffered. In general, the purpose of such ... More


Reconceptualizing (Some) Boilerplate under Tort Law

Margaret Jane Radin

in Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691155333
eISBN:
9781400844838
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155333.003.0011
Subject:
Law, Company and Commercial Law

This chapter explains how abusive boilerplate could either be treated as a defective product, or else regulated under a new tort of intentional deprivation of basic legal rights. It argues that we ... More


The Unlawful Means Tort 1

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law

Although the existence of this tort is implicit in the discussion in Allen v Flood, it has only received its first real analysis in OBG. This chapter maps the history of the tort and its relationship ... More


Termination for Breach of Contract

Tjakie Naudé

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0011
Subject:
Law, Company and Commercial Law

This chapter considers termination as a remedy for breach of contract under the Principles of European Contract Law (PECL). The PECL provisions on termination for non-performance are similar to Scots ... More


Wrongs and the Law of Wrongs

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0002
Subject:
Law, Comparative Law, Law of Obligations

This chapter concerns itself with the identification of the subject-matter of the book, wrongs and the law of wrongs. Regarding the former, the definition offered of a wrong (or civil wrong) is that ... More


Breach of Contract

Alfred Cockrell

in Southern Cross: Civil Law and Common Law in South Africa

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260875
eISBN:
9780191682162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260875.003.0010
Subject:
Law, Legal History

This chapter explores some aspects of the development of the South African law relating to breach of contract from its Roman-Dutch roots to the present day. In order to reduce the topic to manageable ... More


Methods of Limiting Damages

G. H. Treitel

in Remedies for Breach of Contract: A Comparative Account

Published in print:
1988
Published Online:
March 2012
ISBN:
9780198255000
eISBN:
9780191681554
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255000.003.0006
Subject:
Law, Law of Obligations

All legal systems agree in placing some limitations on the recoverability of damages for breach of contract. This chapter discusses the principal techniques used by various legal systems to achieve ... More


Remedies for Breach

Stephen A. Smith

in Contract Theory

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198765615
eISBN:
9780191695308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765615.003.0011
Subject:
Law, Law of Obligations

Common law contract theorists have devoted particular attention to examining remedies for breach of contract. This chapter examines remedies from the perspective of what they tell us about the ... More


Remedies for Breach of Contract: A Comparative Analysis of the Protection of Performance

Solène Rowan

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199606603
eISBN:
9780191738722
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606603.001.0001
Subject:
Law, Company and Commercial Law

The book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive ... More


Intimidation

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter explores the history and modern form of this tort. Two key issues surrounding this tort remain controversial as was highlighted by the recent decisions in OBG and Total Network. These ... More


Restitution after Termination for Breach of Contract: German Law after the Reform of 2002

Reinhard Zimmermann

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0018
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter explains how the German law relating to restitution after termination for breach of contract has been changed by the provisions which were inserted into the BGB (Bürgerliches Gesetzbuch: ... More


Breach of Contract

Reinhard Zimmermann

in The Law of Obligations: Roman Foundations of the Civilian Tradition

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198764267
eISBN:
9780191695247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764267.003.0025
Subject:
Law, Law of Obligations

This chapter deals primarily with breach of contract. Every contractual promise brings expectations to the promise. These expectations can be disappointed in various ways: the promisor may fail ... More


Strikes and the Common Law

K. D. Ewing

in The Right to Strike

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198254393
eISBN:
9780191681486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254393.003.0002
Subject:
Law, Employment Law, Human Rights and Immigration

This chapter considers the status of industrial action under the contact of employment. The second section considers strikes and the contract of employment. The third section considers industrial ... More


Accessories

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0012
Subject:
Law, Law of Obligations

The rule in Lumley v Gye is best explained on the basis that contractual rights carry with them a secondary right good against the rest of the world that they do not induce its infringement. The ... More


View: