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Part XI Remedies for Breach of Contract, 45 Exemption

From: Global Sales and Contract Law

Ingeborg Schwenzer, Pascal Hachem, Christopher Kee

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
26 January 2012
ISBN:
9780199572984

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 October 2023

Subject(s):
63aa5ab2-7bba-4f14-adb5-4862e469aa59 — 4b043122-cfb5-4527-a373-ea2026c20d4b
45.01 All legal systems envisage some possibility to relieve the obligor from the obligation to pay damages after a breach of contract has occurred. However the manner in which legal systems arrive at this position varies considerably. Whereas civil law systems find natural solutions centred around the absence of fault, the strict liability approach of the common law has led to quite different solutions. 45.02 This chapter does not address contract clauses which purport to exclude or limit liability as these are dealt with in Chapter 44.1 The delineation between...
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