Failure of Contracts Contractual, Restitutionary and Proprietary Consequences

by Rose, Francis

ISBN13:
9781901362046
ISBN10:
1901362043
Format: Paperback
Copyright: 1997-07-19
Publisher: Hart Publishing
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Summary

These essays, first delivered at the SPTL/UKNCCL conference in September 1996, offer a scholarly and practical analysis of the consequences of contractual failure. The contributors include many of the UK's leading contract and restitution law scholars, joined by a select number of French and German compartists. The essays range broadly over all aspects of contractual failure, including the issue of loss and gain, remedies for breach, the proprietary consequences, restitution in EU law under Article 85 (EC), the duty to re-negotiate, contractual liability, as well as more general restitutionary issues.Contributors:Malcolm Clarke; Gerhard Dannemann; Brice Dickson; Steve Hedley; Alison Jones; Christian Lapoyade Deschamps; Hector MacQueen; Richard Nolan; Janet O'Sullivan; Edwin Peel; Geoffrey Samuel; Erich Schanze; Eltjo Schrage; John Stevens; Robert Stevens; Felicity Toube; Janet Ulph; Peter Watts; Sarah Worthington.

Author Biography

Francis Rose is Professor of Commercial and Common Law at the University of Bristol.

Preface

vii

(4)

Table of Cases

(14)

List of Contributors

xxv

1 Loss and Gain at Greater Depth: The Implications of the Ruxley Decision

(26)

Janet O'Sullivan

2 Loss and Gain at Greater Depth: The Implications of the Ruxley Decision--A Comment

(8)

Edwin Peel

3 Remedies for Breach of Contract: Specific Enforcement and Restitution

(26)

Richard Nolan

4 Remedies for Breach of Contract: Specific Enforcement and Restitution--A Comment

(6)

Peter Watts

5 The Proprietary Consequences of Contract Failure

(24)

Sarah Worthington

6 The Proprietary Consequences of Contract Failure--A Comment

(10)

Janet Ulph

7 Restitution Under Article 85(2) of the EC Treaty: Can it be Done?

101

(20)

Felicity Toube

8 Restitution Under Article 85(2) of the EC Treaty: Can it be Done?--A Comment

121

(8)

Alison Jones

9 Restitution for Termination of Contract in German Law

129

(26)

Gerhard Dannemann

10 Failure of Long-Term Contracts and the Duty to Re-negotiate

155

(12)

Erich Schanze

11 Failure of Long-Term Contracts and the Duty to Re-negotiate--A Comment

167

(8)

Geoffrey Samuel

12 Le Mythe de la Responsabilite Contractuelle en Droit Francais

175

(20)

Christian Lapoyade Deschamps

13 The Myth of Contractual Liability in French Law--A Comment

195

(4)

Malcolm Clarke

14 Contract, Unjustified Enrichment and Concurrent Liability: A Scots Perspective

199

(26)

Hector L. MacQueen

15 Contract, Unjustified Enrichment and Concurrent Liability: A Scots Perspective--A Comment

225

(6)

John Stevens

16 Contract and Restitution: A Few Comparative Remarks

231

(12)

Eltjo Schrage

17 Contract and Restitution: A Few Comparative Remarks--A Comment

243

(4)

Brice Dickson

18 Restitution: Contract's Twin?

247

(28)

Steve Hedley

19 Restitution: Contract's Twin?--A Comment

275

(10)

Robert Stevens

Appendix The Publications of Sir Guenter Treitel

285

(6)

Index

291

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