Comparative remedies for breach of contract
著者
書誌事項
Comparative remedies for breach of contract
（International studies in the theory of private law / editors, Gunther Teubner ... [et al.]）
Hart, 2005
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注記
"This book is the product of a conference entitled 'Comparative remedies for breach of contract' which took place at the Faculty of Law, Tel-Aviv University between 4 and 6 June 2002"--P. [xxix]
Includes index
内容説明・目次
内容説明
The book provides a comparative analysis of the law relating to remedies for breach of contract. It examines different remedies such as specific performance and damages,doing so from the viewpoint of different legal systems, principally the English, American, German, French and Israeli. Each essay is written by a recognised specialist in his or her own field. Topics covered include the relationship between substantive rights and contract remedies, the recent reforms of the law relating to breach of contract in Germany, the remedies in the context of a third party beneficiary and the extent to which a claimant can choose the remedy which he or she deems to be the most appropriate. The book also makes use of a range of techniques, particularly economic analysis, when examining the legal rules. The book contains an introductory essay written by the editors and an essay by Professor Friedman, which deals with the relationship between substantive rights and contract remedies.
目次
Introduction
Nili Cohen and Ewan McKendrick
Part One: Concepts, Coherence and Choice
1. Rights and Remedies
Daniel Friedmann
2. Multiplicity in Contract Remedies
Roy Kreitner
3. Renegotiation, 'Efficient Breach' and Adjustment: The Choice of Remedy for Breach of Contract as a Choice of a Contract-Modification Theory
Barak Medina
Part Two: Comparisons
4. The Law's Response to Exit and Loyalty in Contract Disputes
Mark P Gergen
5. Comparative Reflections on the French Law of Remedies for Breach of Contract
Yves-Marie Laithier
6. Modernisation of the German Law of Obligations: Harmonisation of Civil Law and Common Law in the Recent Reform of the German Civil Code
Andreas Heldrich and Gebhard M Rehm
7. The New Approach to Breach of Contract in German Law
Dagmar Coester-Waltjen
8. Remedies for Breach through the Lens of the Third Party Beneficiary
Nili Cohen
9. Between Contract and Tort: Pure Economic Loss in Europe
Mauro Bussani and Vernon Valentine Palmer
Part Three: Specific Performance and Damages
10. Understanding Specific Performance
Lionel Smith
11. The Deterrent Factor of Damages where Pricing is Affected
David Gilo
12. An Agreement-Centred Approach to Remoteness and Contract Damages
Adam Kramer
13. Damages for Non-Pecuniary Loss
Ewan McKendrick and Katherine Worthington
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