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Enforced performance of commercial sales contracts in the Netherlands, Singapore and China (Hardcover)
Loot Price: R2,742
Discovery Miles 27 420
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Enforced performance of commercial sales contracts in the Netherlands, Singapore and China (Hardcover)
Expected to ship within 12 - 19 working days
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When commercial parties conclude a contract for the sale of goods,
their main objective is to exchange the subject goods for the
agreed purchase price. The civil law and common law traditions have
adopted the notion that these contractual promises are binding and
each has put in place specific instruments to protect the interests
of both parties. However, while the civil law tradition protects
the interest in actual performance of the assumed obligations with
a right to enforced performance, the common law tradition perceives
the availability of enforced performance as a rarity. This book
explores the Dutch, Singapore and Chinese viewpoints on this issue
by analysing the extent to which respective contract law principles
balance out the interests of parties to a commercial sales contract
in their principles surrounding the enforceability of performance
obligations, and also how domestic solutions correlate to the
approaches taken by global and regional sales and contract law
instruments. The main focus of this undertaking is to address the
fundamental differences in approach to safeguarding the buyer's
performance interest in obtaining the very thing it bargained for,
and the seller's interests in protection against unjustifiable
consequences of awarding a claim for enforced performance.
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