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Part XI Remedies for Breach of Contract, 45 Exemption

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: 30 September 2023

Subject(s):
Damages and contract — Exemption from liability — Force majeure and contract — Remedies for breach of contract — Avoidance of damages — Price and damages — Specific performance and damages — Conformity of goods

This chapter discusses exemptions, impediments, hardships, and obligee’s behavior. All legal systems envisage some possibility to relieve the obligor from the obligation to pay damages after a breach of contract has occurred. However, legal systems vary in responding to these. The civil law system’s natural solutions around the absence of fault, while the common law system takes a strict liability approach. The critical distinction between impediment and hardship is that performance does not need to be impossible under hardship. Obligee’s behavior plays a vital role in questions of whether an obligor should be exempted from either its responsibility or damages for a failure to perform.

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