REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199271009
- eISBN:
- 9780191699481
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199271009.003.0015
- Subject:
- Law, Comparative Law
The last decade of scholarship on failed contracts in South African and Scots law has seen a proliferation of arguments for expanding the application of the law of unjustified enrichment. These ...
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The last decade of scholarship on failed contracts in South African and Scots law has seen a proliferation of arguments for expanding the application of the law of unjustified enrichment. These arguments have relied primarily on the theory that the law of obligations is divided into at least three major branches — contract, delict, and unjustified enrichment — with each branch demarcating a largely autonomous territory. This theory is used to support the claim that contractual remedies and unjustified enrichment remedies ought to be distinguished from each other by considering the alignment between the unifying principles of each of the branches of obligations and the principles of recovery underpinning a particular remedy. This chapter is divided into three sections which track the three species of contractual failure under consideration: termination after breach; termination after supervening impossibility/frustration; and termination of a contract which is voidable by reason of improperly obtained consent.Less
The last decade of scholarship on failed contracts in South African and Scots law has seen a proliferation of arguments for expanding the application of the law of unjustified enrichment. These arguments have relied primarily on the theory that the law of obligations is divided into at least three major branches — contract, delict, and unjustified enrichment — with each branch demarcating a largely autonomous territory. This theory is used to support the claim that contractual remedies and unjustified enrichment remedies ought to be distinguished from each other by considering the alignment between the unifying principles of each of the branches of obligations and the principles of recovery underpinning a particular remedy. This chapter is divided into three sections which track the three species of contractual failure under consideration: termination after breach; termination after supervening impossibility/frustration; and termination of a contract which is voidable by reason of improperly obtained consent.
GEORGE H. ALDRICH
- Published in print:
- 1996
- Published Online:
- March 2012
- ISBN:
- 9780198258056
- eISBN:
- 9780191681776
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198258056.003.0014
- Subject:
- Law, Public International Law, Philosophy of Law
This chapter summarizes the decisions of the Iran–United States Claims Tribunal on two special types of cases: disputes between Iran and the United States as to the interpretation of or compliance ...
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This chapter summarizes the decisions of the Iran–United States Claims Tribunal on two special types of cases: disputes between Iran and the United States as to the interpretation of or compliance with the terms of the Algiers Declarations; and the large Iranian contractual claim against the United States Department of Defense. Jurisdiction over these cases was reserved to the Full Tribunal. In addition, Article 6, Paragraph 4 of the Claims Settlement Declaration gave the Tribunal jurisdiction over ‘any question concerning the interpretation or application of this Agreement’ when requested by either Government. While the other official claims were eventually distributed among the Chambers, Case No. B1 was reserved to the Full Tribunal because of the magnitude of the claims included within that statement of claim.Less
This chapter summarizes the decisions of the Iran–United States Claims Tribunal on two special types of cases: disputes between Iran and the United States as to the interpretation of or compliance with the terms of the Algiers Declarations; and the large Iranian contractual claim against the United States Department of Defense. Jurisdiction over these cases was reserved to the Full Tribunal. In addition, Article 6, Paragraph 4 of the Claims Settlement Declaration gave the Tribunal jurisdiction over ‘any question concerning the interpretation or application of this Agreement’ when requested by either Government. While the other official claims were eventually distributed among the Chambers, Case No. B1 was reserved to the Full Tribunal because of the magnitude of the claims included within that statement of claim.
Ioana Tudor
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199235063
- eISBN:
- 9780191715785
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199235063.003.0001
- Subject:
- Law, Public International Law
This chapter examines the applicable law in an investment dispute by analysing article 38 (1) of the ICJ Statute, referring to general international law, and article 42 of the ICISD Convention, more ...
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This chapter examines the applicable law in an investment dispute by analysing article 38 (1) of the ICJ Statute, referring to general international law, and article 42 of the ICISD Convention, more specific to investment law. It concludes that, although arbitrators have to respect the national law chosen by the Parties in cases of a contractual claim, if such a choice exists, international law will continue to be relevant, and that a balance between national and international law has to be found. When in the presence of a treaty claim, international law will directly be applied.Less
This chapter examines the applicable law in an investment dispute by analysing article 38 (1) of the ICJ Statute, referring to general international law, and article 42 of the ICISD Convention, more specific to investment law. It concludes that, although arbitrators have to respect the national law chosen by the Parties in cases of a contractual claim, if such a choice exists, international law will continue to be relevant, and that a balance between national and international law has to be found. When in the presence of a treaty claim, international law will directly be applied.
