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Part XI Remedies for Breach of Contract, 49 Concurrent 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):
Breach of contract — Remedies for breach of contract — Concurrent claims and choice of law — Burden of proof and damages

This chapter explicated concurrent remedies. It compares the remedies for breach against remedies for mistakes, misinterpretation, and tort remedies. A breach of contract could extend beyond its set of rules and into other provisions of applicable sales law. The consequences of concurrent remedies have caused significant debate in both doctrine, civil law jurisdictions, and court practice at the domestic level. The argument is relatively harmless as most remedies come from the same legal system. However, the same could not be said for the international level if a set of rules does not cover all issues or applicable domestic law will be enforced.

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