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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