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Comparative Analysis On System Of Breach Of Contract

Posted on:2008-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:H P MaFull Text:PDF
GTID:2166360242464449Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Contract Law is the legal system with justice being its uppermost aim and principle criterion being its framework. What remedies should the law relieve if the parties breach the contract? This is the key question that Contract Law should solve. As part of the Contract Law, completeness of the breach contract system directly affects the realization of the function of the Contract Law. Breach of contract means the violation of contract established by the parties as well as the breach of acceptability and credit between the two parties. Breach of contract is not only the interruption of normal business but also some damages to the party that keeps the contract. Breach of the normal business relationship caused by breach of contract accompanied with endangerment to the whole social economic order requires the Contract Law to crack down on the party that breaches contract and remedy the victim through the system of breach of contract. This embodies the fairness and justice of Law. What kind of breach of contract system should every country take has always been the very important problem in legislation and theory. In this thesis I do comparative disquisition on three aspects of liability of breach: principle of liability,forms of breach of contract and the remedies for the breach through analysis on legislation and prejudication of related countries. This thesis intends to discuss development and trend of breach of contract and liability in contract legislation and theory in different countries. The purpose of this thesis is to supply references to perfect the Contract Law of our country.
Keywords/Search Tags:fault liability, strict liability, anticipatory breach of contract, fundamental breach of contract, remedies for breach of contract
PDF Full Text Request
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