Remedies for Breach of Contract

Rowan, Solène

doi:10.1093/acprof:oso/9780199606603.001.0001

Cited by 17 publications

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“…He can end (terminate) as soon as possible (Solene Rowan, 2012) As a comparison with French law where the interpretation of the agreement cancellation clause is broad, the French court asked for this right to be exercised in good faith. (Solene Rowan, 2012) The legal force of the waiver of Article 1266 of the Civil Code and Article 1267 of the Civil Code is effective if the party claiming the cancellation itself is not in default or has no bad intentions (Nili Cohen dan Ewan McKendrick, 2005). In addition, the other party does not submit exceptio non adimpleti contractus (Herlien Budiono, 2010).…”

Section: Power Of Law Cancellation Clause Of Agreement Made On the Ba...mentioning

confidence: 99%

Legal Forcement Cancellation Clause of the Agreement Made on the Basis Principle of Freedom of Contract

Made Sukereni,

Muhammad Noor Ingratubun,

Johannes Ibrahim Kosasih

2023

EPRA

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Agreement cancellation clauses that waive Articles 1266 and 1267 of the Civil Code are generally carried out in business agreements. The basis for considering the inclusion of an agreement cancellation clause refers to the principle of freedom of contract wherein in making the agreement the parties are free to include the things that were agreed upon. Based on these conditions, the legal issues discussed in this study are (1) What is the legal force of the clause on the cancellation of agreements made on the basis of freedom of contract?; and (2) What are the legal consequences of the waiver of Article 1266 and Article 1267 of the Civil Code on debtors? The research method used is normative legal research. The results of this study indicate that (1) The legal force of the cancellation clause of the agreement made on the basis of freedom of contract is binding for the parties if the parties trust each other and agree regarding the binding power of the agreement cancellation clause. The binding force of the cancellation clause of the agreement is effective if the party claiming the cancellation itself is not in default or does not have bad faith. In addition, the other party did not submit an exceptio non adimpleti contractus (defence to a default claim); and (2) The legal consequences of the waiver of Article 1266 and Article 1267 of the Civil Code for a debtor who is negligent in carrying out the agreement resulting in default, the creditor can cancel the agreement and the creditor has the right to claim compensation caused by the debtor. KEYWORDS: Cancellation of Agreements, Clauses, Principles of Freedom of Contract.

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Section: Power Of Law Cancellation Clause Of Agreement Made On the Ba...mentioning

confidence: 99%

Legal Forcement Cancellation Clause of the Agreement Made on the Basis Principle of Freedom of Contract

Made Sukereni,

Muhammad Noor Ingratubun,

Johannes Ibrahim Kosasih

2023

EPRA

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“…French scholars, however, took care to interpret that provision so as to favour specific performance. As Solène Rowan reports (2012, p. 45), moreover, ‘[s]pecific performance is not only a centrally important remedy in French law, but where the constituent elements of the cause of action have been made out … it is considered to be available as of right … in marked contrast with the narrow availability of specific relief in England, French courts do not have any discretion as to whether to grant the remedy’.…”

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confidence: 99%

Comparing legal styles

Valcke

2019

International Journal of Law in Context

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The question of legal ‘style’ is a central one in comparative law, as mainstream comparative law tends to downplay its importance. The kinds of comparative law scholarship that have attracted most attention in the last decades – the ‘harmonisation projects’ and the ‘legal origins’ literature (perhaps also the ‘legal formant’ literature) – indeed adopt a functionalistic approach to legal systems, whereby only the outcome of judicial decisions (and the factors causally feeding into them) matters – that is, their style does not. This narrow perspective has led to arguments in favour of harmonisation of law worldwide – the thesis according to which law everywhere does and should converge so as to facilitate transnational commerce and globalisation more generally. I propose to argue that legal style matters, as law is about much more than just resolving disputes. Specifically, it is also, and most importantly, a collective statement of identity. To illustrate, I plan on analysing some of the most striking stylistic differences between French and English law, and outline the different such statements emerging from them.

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“…Fifth, the recoverability of moral damages would be subject to normal rules limiting liability for any loss caused by a breach of contract. Thus, the rules on causation, remoteness, and mitigation would exclude or reduce the award of moral damages in certain cases 65 .…”

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confidence: 99%

Breach of Contract and Damages for Non-Pecuniary Loss

Kryla-Cudna

2018

SSRN Journal

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The purpose of this article is to investigate whether non-pecuniary interests of the parties should be protected in contract law and what should be the scope of such protection. The paper sheds light on the theoretical framework of contract remedies and claims that moral damages are necessary for an adequate protection of the interests of the parties to a contract. It further investigates the policy arguments against the recoverability of non-pecuniary loss in contract law and argues that such arguments cannot be considered a sufficient justification for a bar to moral damages. Finally, based on a survey of case law from several European jurisdictions, the article provides insight into the kinds of non-pecuniary consequences that may arise from a breach of contract.

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Remedies for Breach of Contract

Cited by 17 publications

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Legal Forcement Cancellation Clause of the Agreement Made on the Basis Principle of Freedom of Contract

Legal Forcement Cancellation Clause of the Agreement Made on the Basis Principle of Freedom of Contract

Comparing legal styles

Breach of Contract and Damages for Non-Pecuniary Loss

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