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Part XI Remedies for Breach of Contract, 41 General Remarks about Remedies

From: Global Sales and Contract Law (2nd Edition)

Ingeborg Schwenzer, Edgardo Muñoz

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
14 June 2022
ISBN:
9780198871255

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 June 2023

Subject(s):
Avoidance of contract — Breach of contract — Damages and contract — Performance of contract — Contract clauses and damages — Exclusion or limit of liability — Reduction of price — Types of loss and damages — Conformity of goods

This chapter focuses on remedies of contract breaches. It mentions how clauses establishing, modifying, and excluding remedies are among the most common features in sales contracts. The cause-oriented approach is followed by structured civil law legal systems wherein remedial systems are structured in a way so that each cause for the disturbance in the performance determines the available remedy. Moreover, the impossibility impacted the validity of contracts. On the other hand, the breach-of-contract approach is traditionally followed by common law jurisdictions. The chapter lists the consequences of breaches such as damages, specific performance, and avoidance. CISG had been a notable proponent in building a modern approach to remedies.

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