Contractual Remedies in UK Law
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Restitutionary Remedies in the Contractual Context
Contracting parties sometimes have a claim to recover money paid in advance, or for reasonable payment for work done under the contract, commonly described as restitutionary remedies. This claim ar...
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Better than Fuller: A Two Interests Model of Remedies for Breach of Contract
The attempt to combine the contractual interests properly so‐called with the restitution interest in the Fuller and Purdue three interests model of remedies for breach of contract is ineradicably i...... ... Better than Fuller: A Two Interests Model of Remedies for Breach of Contract David Campbell * The attempt to combine the contractual interests properly so-called with the restitution interest in the Fuller and Purdue three interests model of remedies for breach of contract is ... ...
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Emerging markets of the Middle East: A critique of selected issues in Arab securities regulation
This paper examines comparative aspects of Arab securities regulation. It provides a general introduction, overviews the aims of securities regulation and the UK regulatory framework, and outlines ...... ... lack of Arab rules on fraud, insider dealing and possible contractual remedies. It concludes with a case study shedding light on the term ... ...
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Consumer Redress Legislation: Simplifying or Subverting the Law of Contract
The growth of statutory consumer protection regimes in modern commercial societies has the potential profoundly to disrupt the private law landscape. Such schemes aim to increase access to justice ...... ... offering simplified and clear suites of rights and corresponding remedies. In so doing, howev er, they affect core areas of private law rights and emedies, and may come to undermine or replace existing contractual principles and policies. The result could be an incoherent system of ... ...
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Black Holes and Revelations on the Transferred Loss Doctrine
... ... relevance of the intentions of the contracting parties regarding remedies available for third party losses. ...
... doctrine allows, in essence, for the losses suffered by extra-contractual party C to be treated as if they were the losses of contracting party A, ... ... -
Concurrent Duties
This paper offers an account of concurrent liability, and in particular the existence of, and interaction between, concurrent contractual and non‐contractual duties. It argues for five essential pr...... ... the existence of, and inter-action between, concurrent contractual and non-contractual duties. It argues for five essentialpropositions: (1) ... from the rule that the claimant must electbetween inconsistent remedies; (4) if the defendant commits a wrongin breach of more than oneduty,the ... ...
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Failure of Condition or Implied Term?
In Barton v Gwyn‐Jones the Court of Appeal considered the remedies available to a service provider who performed services pursuant to a contract that expressly stated that they were entitled to pay...... ... Barton vGwyn-Jones the Court of Appeal considered the remedies available to a serviceprovider who performed services pursuant to a ... award wasprobably not inconsistent with the parties contractual allocation of risk.INTRODUCTIONWhen a party performs services under an ... ...
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A Legal Framework for Using Smart Contracts in Consumer Contracts: Machines as Servants, Not Masters
Smart contracts, as a newly developed technology, may radically re‐shape traditional contractual relationships, transferring the power to perform and enforce from contractors to robots. This paper ...... ... information and contract cancellation,confor-mity standards, remedies, and unfair terms: time sensitiver ights that must be available atcer ... This may be pre-contractual, for example supporting provision ofstatutory information or cancellation ... ...
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Filippo Ranieri, EUROPÄISCHES OBLIGATIONENRECHT – EIN HANDBUCH MIT TEXTEN UND MATERIALIEN Vienna: Springer (www.springer.com), 3rd edn, 2009. xxviii + 2044 pp. ISBN 9783211893739. €260.
... ... The areas of breach of contract and contractual remedies, including frustration of a contract, are generally contained in ... ...
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Martin Hogg, PROMISES AND CONTRACT LAW: COMPARATIVE PERSPECTIVES Cambridge: Cambridge University Press (www.cambridge.org), 2011. xxxvii + 505pp. ISBN 9780521193382. £85.
... ... space in a voyage seeking to explore the promissory element of contractual obligation. It constitutes a detailed comparative analysis, which focuses ... doctrines: formation of contract; third party rights; contractual remedies; and the renunciation of contractual rights. Within this part the author ... ...
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