50.01 This chapter discusses cases where one or both parties have performed their part of the contract although the contract has failed for one reason or the other. The reasons why contracts may fail are many-fold—as has been shown throughout this text. Contracts may be invalid from the outset because necessary requirements for the formation of the contract have been lacking. Likewise a validly concluded contract may come to an end due to later circumstances that interfere with its performance, be it by breach of one party or otherwise. In all of these cases the...
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