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Compulsion

Solène Rowan

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

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199606603
eISBN:
9780191738722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606603.003.0002
Subject:
Law, Company and Commercial Law

This chapter considers the specific remedies available in England and France. It shows that, in stark contrast with the position in France where specific remedies are unequivocally the rule, the ... More


Contractual Remedies

Michael Lobban

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0013
Subject:
Law, Legal History

This chapter discusses contractual remedies in the 19th century. Topics covered include penalties and liquidated damages, quantum meruit and expectation damages, remoteness of damage, and specific ... More


Contract Law

EYAL ZAMIR and BARAK MEDINA

in Law, Economics, and Morality

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195372168
eISBN:
9780199776078
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372168.003.09
Subject:
Law, Philosophy of Law

This chapter discusses contract law. Ordinarily, market transactions do not involve infringements of deontological constraints. For this reason (and since they usually involve money or easily ... More


Agreed Remedies

Solène Rowan

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

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199606603
eISBN:
9780191738722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606603.003.0006
Subject:
Law, Company and Commercial Law

This chapter makes a suggestion as to how the remedial regime for breach of contract in England might be strengthened. It is argued that contracting parties should be permitted to agree upon the ... More


Specific Performance and Special Damages

Sieg Eiselen

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/9780748624256.003.0010
Subject:
Law, Company and Commercial Law

This chapter examines specific performance and special damage, two remedies commonly available after a breach of contract in Scotland and South Africa. It explains that specific performance provides ... 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


Termination of Obligations

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/9780198764267.003.0024
Subject:
Law, Law of Obligations

This chapter deals with the termination of obligations. It turns to questions relating to performance. When the promisor does not perform properly or does not perform at all, the question arises to ... More


The Choice of Remedy for Breach of Contract

SM Waddams

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/9780198265788.003.0018
Subject:
Law, Law of Obligations

This chapter deals with the choice of remedy for breach of contract. It argues that remedy should be fashioned so as to do justice to both parties. An unrestricted right to specific performance might ... More


Remedies for Breach of Contract in Thai Law

Munin PONGSAPAN

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0016
Subject:
Law, Law of Obligations, Comparative Law

The provisions of the Thai Civil and Commercial Code (TCCC), embodying the rules on remedies for breach of contract, were entirely borrowed from foreign legal systems, mainly German and Japanese law. ... More


The Specific-Performance Principle: Actual and Virtual Specific Performance

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/9780199731404.003.0024
Subject:
Law, Company and Commercial Law

Chapter 24 considers the most prominent alternative to expectation damages—specific performance. Specific performance is a judicial decree that orders a promisor to render the performance she agreed ... More


Remedies

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/9780195388183.003.0008
Subject:
Law, Company and Commercial Law

This chapter emphasizes how remedies permeate all aspects of commercial transactions: not just dispute resolution but everything else, from negotiation and contract formation through performance and ... More


Restitution

Borzu Sabahi

in Compensation and Restitution in Investor-State Arbitration: Principles and Practice

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199601189
eISBN:
9780191729201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199601189.003.0004
Subject:
Law, Public International Law, Company and Commercial Law

This chapter focuses on one form of reparation in international law: restitution. Restitution requires the re-establishment of the situation that had existed before the commission of an ... More


Availability of Specific Remedies in Chinese Contract Law

CHEN Lei

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0002
Subject:
Law, Law of Obligations, Comparative Law

Chinese law adopts a middle-ground approach between the common law approach (damages is the dominant remedy) and the civil law approach (specific performance is the dominant remedy): both remedies ... More


Specific Remedies and Money Awards in the Protection of the Performance Interest under Malaysian Contract Law

May Fong CHEONG and Yin Harn LEE

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0015
Subject:
Law, Law of Obligations, Comparative Law

This chapter discusses protection of the creditor’s performance interest through the specific remedies and money awards available under Malaysian law. First, it explains the influence of both English ... More


Theory and Practice of Specific Performance in Taiwanese Contract Law

Jan Sheng-Lin

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0013
Subject:
Law, Law of Obligations, Comparative Law

In Taiwan, specific performance is the core right as the primary remedy for non-performance. Claim for damages in lieu of specific performance is available only in exceptional cases such as specific ... More


Remedies in International Adjudication

Chester Brown

in A Common Law of International Adjudication

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199206506
eISBN:
9780191709708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206506.003.0007
Subject:
Law, Public International Law

This chapter considers whether international courts have common approaches to the granting of remedies. It first examines the source of the power to award remedies. It then explains the obligation in ... More


Specific Performance and Cure under Korean Law

Tae-Yong AHN

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0007
Subject:
Law, Law of Obligations, Comparative Law

Specific performance is recognized in Korea as the primary effect and inherent power of a right. It is enforced through a complex system of civil execution which allows specific performance even for ... More


Specific Remedies and the Performance Interest in Singapore Contract Law

Dora NEO

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0009
Subject:
Law, Law of Obligations, Comparative Law

This chapter examines how, and the extent to which, the performance interest of a party to a contract is protected in Singapore law by the specific remedies of an action for a fixed sum, an action ... More


Specific and Agreed Remedies for Breach of Contract in Indian Law: A Code of English Law?

V Niranjan

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0004
Subject:
Law, Law of Obligations, Comparative Law

This chapter deals with three central remedies for breach of contract in Indian law: the action for the agreed sum, specific performance, and agreed remedies. It shows that the action for the agreed ... More


The Performance Interest in Hong Kong Contract Law

Anselmo REYES

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0011
Subject:
Law, Law of Obligations, Comparative Law

Hong Kong has largely followed common law orthodoxy in relation to protecting the performance interest in contract law. The Hong Kong court will not insist that a debtor perform an agreement, if ... More


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