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The victim of a breach of contract may resort to one or more of four remedies: specific enforcement, compensation, refusal to perform, and termination. The availability of these remedies may depend on the fault of the party alleged to be in breach. The book discusses these topics from a comparative perspective. The principle contrast is between civil and common law solutions. Contrasts within each group of systems are also pursued, in particular, those between English and American common law and those between French and German civil law. Some related and hybrid systems are also discussed, as are conventions on international sale of goods. The aim is not to give a detailed analysis of particular systems, but rather to identify types of solutions and to consider how far differences in theoretical approach are reflected in practical results.
The sixth edition of this classic text has been extensively updated
and re-written to take into account all the legislative changes
since the last edition. It examines thoroughly such legislation as
the Contracts (Rights of Third Parties) Act 1999, the Competition
Act 1998, the Financial Services and Markets Act 2000, the
Enterprise Act 2002, the Unfair Terms in Consumer Contracts
Regulations 1999, the Consumer Protection (Distance Selling)
Regulations 2000 and the Sale and Supply of Goods to Consumers
Regulations 2002.
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