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Failure of Contracts: Contractual, Restitutionary and Proprietary Consequences

Francis Rose

ISBN13: 9781901362046

ISBN: 1901362043

Published: July 1997

Publisher: Hart Publishing

Country of Publication: UK

Format: Paperback

Price: £140.00

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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.

Subjects:: Contract Law

Contents:: Loss and gain at greater depth - the implications of the Ruxley decision, Janet O'Sullivan; loss and gain at greater depth - the implications of the Ruxley decision - a comment, Edwin Peel; remedies for breach of contract - specific enforcement and restitution, Richard Nolan; remedies for breach of contract - specific enforcement and restitution - a comment, Peter Watts; the proprietary consequences of contract failure - Sarah Worthington; the proprietary consequences of contract failure - a comment, Janet Ulph; restitution under Article 85(2) of the EC Treaty - can it be done?, Felicity Toube; restitution under Article 85(2) of the EC Treaty - can it be done? a comment, Alison Jones; restitution for termination of contract in German Law, Gerhard Dannemann; failure of long-term contracts and the duty to re-negotiate, Erich Schanze; failure of long-term contracts and the duty to re-negotiate - a comment, Geoffrey Samuel; le mythe de la responsabilite contractuelle en Droit Francais, Christian Lapoyade Deschamps; the myth of contractual liability in French law - a comment, Malcolm Clarke; contract, unjustified enrichment and concurrent liability - a Scots perspective, Hector L. MacQueen; contract, unjustified enrichment and concurrent liability - a Scots perspective - a comment, John Stevens; contract and restitution - a few comparative remarks, Eltjo Schrage; contract and restitution - a few comparative remarks - a comment, Brice Dickson; restitution - contract's twin?, Steve Hedley; restitution - contract's twin? - a comment, Robert Stevens. Appendix: the publications of Sir Guenter Treitel.