Agreed Sums Payable upon Breach of an Obligation
eBook - PDF

Agreed Sums Payable upon Breach of an Obligation

Rethinking Penalty and Liquidated Damages Clauses

  1. 218 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Agreed Sums Payable upon Breach of an Obligation

Rethinking Penalty and Liquidated Damages Clauses

About this book

Unique in its breadth, this book undertakes a comparative analysis of the ways in which legal systems in all regions of the world deal with agreed sums payable upon breach of an obligation. The book shows divergences and convergences and indicates trends as to the future development of the law. It also deals with the treatment of agreed sums under the 1980 UN Convention on Contracts for the International Sale of Goods (CISG), offering the first comprehensive solution to this issue based on comparative analysis. For practitioners as well as researchers, this book is a valuable source of information and offers suggestions for solutions to current and future issues.

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Yes, you can access Agreed Sums Payable upon Breach of an Obligation by Pascal Hachem in PDF and/or ePUB format, as well as other popular books in Law & Comparative Law. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Eleven International Publishing
Year
2011
eBook ISBN
9789460944338
Edition
0
Topic
Law
Subtopic
Comparative Law
Index
Law

Table of contents

  1. Cover
  2. Preface
  3. Table of Contents
  4. Abbreviations
  5. I Introduction
  6. A General Remarks
  7. B Subject Matter
  8. I Agreed Sums Payable upon Breach of an Obligation
  9. 1 Commercial Contracts
  10. 2 Breach of an Obligation
  11. 3 Relevant Questions
  12. II Method
  13. 1 Comparative Method
  14. 2 The Fallacy of Terminology
  15. III Resources
  16. II History and Comparative Overview
  17. A General
  18. B Roman Law
  19. C Civil Law Legal Systems
  20. D Common Law Legal Systems
  21. I Penal Bonds
  22. II The Shaping of the Modern Law
  23. III The Efficient Breach Doctrine
  24. IV The Current Situation
  25. E Mixed Jurisdictions
  26. F Nordic Legal Systems
  27. G Uniform Law and Projects
  28. III Functions of Agreed Sums
  29. A General
  30. B Securing Performance
  31. C Compensating Losses
  32. D Liquidating Losses
  33. E Effect of Limiting Liability
  34. IV Protection of the Debtor
  35. A General
  36. B Formal Requirements
  37. I Specific Formal Requirements for Agreed Sums
  38. II Principal Obligation is Subject to Formal Requirements
  39. 1 General
  40. 2 Effect on Agreed Sums
  41. III Parties Establish Formal Requirements
  42. C Amounts Fixed by Law
  43. D Unenforceability of Penalty Clauses
  44. I Distinguishing Penalties and Liquidated Damages Clauses
  45. 1 General
  46. 2 Criteria
  47. 3 Relevant Point in Time
  48. 4 Burden of Proof
  49. II Legal Consequences
  50. 1 Liquidated Damages
  51. 2 Penalties
  52. III Results
  53. IV Modern Tendencies
  54. 1 General
  55. 2 New Emphasis on Freedom of Contract
  56. 3 Accepting Function of Deterrence Often Inevitable
  57. 4 The Performance Principle in the Law of Damages
  58. 5 Economic Perspective
  59. 6 The Remedy of Specific Performance
  60. V Results
  61. E Reduction of Excessive Sums
  62. I General Concept
  63. 1 Rule
  64. 2 Exception
  65. 3 Reduction Ex Officio or upon Request
  66. II Application of Reduction Mechanism
  67. 1 Excessive Sums
  68. 2 Relevant Point in Time
  69. 3 Burden of Proof
  70. F Exoneration from Obligation to Pay Damages
  71. I Debtor’s Liability for Breach
  72. 1 The Interplay of the Concept of Fault and Agreed Sums
  73. 2 Force Majeure
  74. II No Actual Damage Incurred by Creditor
  75. 1 Legal Systems Denying Enforceability to Penalty Clauses
  76. 2 Legal Systems Employing a Reduction Mechanism
  77. III Conduct of the Creditor
  78. 1 Mitigation of Damages
  79. 2 Causation of Breach
  80. G Limitation of Actions
  81. I Applicable Law in International Settings
  82. II Applicable Limitation Period
  83. H Other Concepts
  84. I General
  85. II Sums Paid Instead of Performance
  86. III Forfeiture Clauses
  87. 1 Acceleration Clauses
  88. 2 Loss of Rights
  89. IV Sums Payable on an Event Other than Breach
  90. V Judicial Penalties
  91. V Relationship to Other Remedies
  92. A General
  93. B Specific Performance
  94. C Avoidance of Contract
  95. D Damages
  96. I General
  97. II Additional Losses
  98. 1 Limitation of Recovery by Agreed Sums
  99. 2 Claim for Additional Damages
  100. VI The Situation under the CISG
  101. A General
  102. B Debtor Protection
  103. I The Position of the CISG
  104. II The Standard of the CISG
  105. III Exoneration from Obligation to Pay Damages
  106. 1 Debtor’s Liability for Breach
  107. 2 No Actual Damage Incurred by Creditor
  108. 3 Conduct of Creditor
  109. IV Limitation of Actions
  110. C Relationship to Other Remedies
  111. I Specific Performance
  112. II Avoidance of Contract
  113. III Damages
  114. D Conclusion
  115. VII Concluding Remarks and Results
  116. A General Conclusion
  117. B Results
  118. I Functions
  119. II Debtor Protection
  120. 1 Specific Protective Measures
  121. 2 General Provisions on Exoneration from Liability
  122. 3 Limitation of Actions
  123. III Relationship to Other Remedies
  124. C Closing Remark
  125. Bibliography
  126. Table of Cases