מעודכן ל: 8.11.2022
הפרת חוזה
ביטול חוזה
תרופת האכיפה
Breach of Contract
Discharge of Contracts
Remedies for Breach of Contract
חוק החוזים (תרופות בשל הפרת חוזה), תשל"א-1970, ס"ח 610.
איריס מרקוס תרופות בדיני חוזים: הלכה ומעשה (2019).
לאון יהודה אנידג'ר תרופת האכיפה בחוזים: תיאוריה, דין ומציאות אופקים חדשים במשפט (2020).
דניאל פרידמן ונילי כהן חוזים כרך ב (2018).
לירון סהר ביטול חוזה בשל פגמים בכריתתו : דין ומהות (2008).
The Application of the Theory of Efficient Breach in Contract Law: A Comparative Law and Economics Perspective by
This book analyses the theory of efficient breach in English sales law, European Union contract law and Chinese contract law. It analyses the framework of the efficient breach theory and reconsiders the implications of this theory. According to the traditional efficient breach theory, the remedy of expectation damages is able to motivate efficient breach, which brings the breaching party economic surplus without making the non-breaching party worse off. The essential problems are how to motivate contract parties to make rational decisions and how to solve cases where performance of a contract turns out to be less efficient after its conclusion. The second part of the book further extends the efficient breach theory to the study of contract law systems by analysing how exactly those laws react to breach and what solutions are adopted by them.The comparison of these three systems is more than a mere description of the differences and similarities in the content. More importantly, this comparative research also analyses whether or not the differences between these systems will influence the level of efficiency produced by each legal system by taking account of the different traditions and the concepts of contracts involved in each legal system. Researchers in contract law will also be interested in this approach, particularly for re-thinking the question of whether one legal system is definitely better or worse than the other two.
Contract Enforcement: Specific Performance and Injunctions by
Use the power of the courts to your advantage to grant equitable, non-monetary relief in contract enforcement when you follow the incomparable guidance of Yorio and Thel. With current, detailed information for today's practitioner, Contract Enforcement, Second Edition covers every aspect of the availability and inherent limitations of equitable remedies in such contract areas as: Real estate Sale of goods Intangible personality Construction contracts Covenants not to compete Wills and other property agreements Employment agreements Franchise agreements International trade You will find in-depth analysis of the policies that underlie contract remedies, as well as clear explanations of the practical consequences of those policies in contract litigation. The effect on availability of equitable relief of such factors as: Right to a jury trial Legal limits on contract damages Disgorgement of profits And agreed remedies are also examined Throughout the book, you'll find concise analysis of all significant specific performance cases, legislation, and commentary.
Defences in Contract by
This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while others are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. The contributors – judges and academics – are all leading jurists. The essays are addressed to all of the major common law jurisdictions.
Remedies for Breach of Contract: A Comparative Analysis of the Protection of Performance by
A thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractuallynegotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future.The book approaches English law remedies for breach of contract through the comparative study of French law, which offers significant scope for informative contrast. It sheds new light on contractual remedies in both jurisdictions and challenges fundamental aspects of English law in this area.With coverage of lively academic debates and recent developments in the case law on both sides of the Channel, the book discusses topical issues. There is also commentary on aspects of two recent far-reaching reform projects relating to the French Civil code and of the Draft Common Frame ofReference.Indispensable reading for private lawyers from common and civil law backgrounds with an interest in remedies for breach of contract, whether comparatists or not, the book should prove to be an invaluable resource for students, academics and practitioners on the current state and future reform of thelaw in this area.
Remedies for Torts, Breach of Contract, and Equitable Wrongs by
The fourth edition of Andrew Burrows' seminal work Remedies for Torts, Breach of Contract, and Equitable Wrongs (previously Remedies for Torts and Breach of Contract), updates and extends coverage of judicial remedies for civil wrongs in English law. Since the release of the previous editionin 2004, the scope of discussion in the book has developed to include many contemporary case studies. Examples of these include Morris-Garner v One Step Ltd on negotiating damages, Milner v Carnival on quantum of mental distress damages, Forsyth Grant v Allen on restitution for torts, to name but afew, as well as crucial Supreme Court decisions on penalty clauses (Cavendish v Makdessi) and injunctions (LauritzenCool, Araci v Fallon and Coventry v Lawrence).In addition to comprehensive updating to take account of new developments in the law, this book includes two new chapters. Unique to the fourth edition, the first explores damages under the Human Rights Act of 1998; the second examines negotiating damages. Remedies for Torts, Breach of Contract, andEquitable Wrongs by leading scholar Andrew Burrows is a popular work amongst students and practitioners due to its broad coverage, factual detail, insightful application of academic context and enduring subject matter.
מעודכן ל: 8.11.2022
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