Performance-Oriented Remedies in European Sale of Goods Law
eBook - PDF

Performance-Oriented Remedies in European Sale of Goods Law

  1. 244 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Performance-Oriented Remedies in European Sale of Goods Law

Book details
Table of contents
Citations

About This Book

Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.

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Yes, you can access Performance-Oriented Remedies in European Sale of Goods Law by Vanessa Mak in PDF and/or ePUB format, as well as other popular books in Law & Contract Law. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Hart Publishing
Year
2009
ISBN
9781847314802
Edition
1
Topic
Law
Subtopic
Contract Law
Index
Law

Table of contents

  1. Prelims
  2. Contents
  3. Table of Cases
  4. Table of National Legislation
  5. Table of European Law
  6. Table of International Treaties and Conventions
  7. 1 Introduction
  8. 2 Harmonisation of European Sale of Goods Laws
  9. 3 The Nature and Scope of Performance-Oriented Remedies
  10. 4 The Buyer’s Entitlement to Specific Performance
  11. 5 Repair and Replacement
  12. 6 The Seller’s Right to Cure
  13. 7 Cure: Enforcement, Limitations and the Hierarchy of Remedies
  14. 8 Conclusion
  15. Bibliography
  16. Index