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Contract Performance Doctrine

Peter A. Alces

in A Theory of Contract Law: Empirical Insights and Moral Psychology

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195371604
eISBN:
9780199893447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195371604.003.0005
Subject:
Law, Company and Commercial Law

This chapter focuses on the canonical cases that have contributed to the portion of contract that may be included under the heading of “performance.” This is a broad category and includes limits on ... More


Theory of Contract Performance

Peter A. Alces

in A Theory of Contract Law: Empirical Insights and Moral Psychology

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195371604
eISBN:
9780199893447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195371604.003.0006
Subject:
Law, Company and Commercial Law

The nature of contract is most accurately revealed when under stress. This chapter will pursue the theoretical question in five particularly stress inducing categories: unconscionability, excuse, ... More


The Doctrine of Good Faith in German Contract Law

Werner F Ebke and Bettina M Steinhauer

in Good Faith and Fault in Contract Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265788
eISBN:
9780191682964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265788.003.0007
Subject:
Law, Law of Obligations

This chapter discusses contract law as set forth in the German Civil Code (Bürgerliches Gesetzbuch). The first part focuses on the judicially created cause of action of breach of contract. The second ... More


Excused Performance When Circumstances Change

Martin Davies and David V. Snyder

in International Transactions in Goods: Global Sales in Comparative Context

Published in print:
2014
Published Online:
August 2014
ISBN:
9780195388183
eISBN:
9780199382590
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388183.003.0007
Subject:
Law, Company and Commercial Law

Changed circumstances may alter the assumptions that the parties made when they entered into their international sales contract. All legal systems have rules providing some form of relief from ... More


The Effects of Unexpected Circumstances—Impossibility, Impracticability, and Frustration

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0045
Subject:
Law, Company and Commercial Law

In unexpected circumstances cases relief normally should be granted to the adversely affected party if the parties shared a tacit incorrect assumption that the nonoccurrence of some circumstance ... More


Rawls Against Desertism

Fred Feldman

in Distributive Justice: Getting What We Deserve From Our Country

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198782988
eISBN:
9780191826214
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198782988.003.0008
Subject:
Philosophy, Political Philosophy

John Rawls discusses desertism about distributive justice in a couple of places in A Theory of Justice. He revisits the topic in later works. He presents an array of objections. It is not clear that ... More


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