Termination of the Contract
A party who is aggrieved as a result of not obtaining the performance for which he bargained, may wish to put an end to further performance of the contract and also so far as possible to put matters back into the position in which they were before performance on either side was begun. This chapter discusses cases of contractual default. In particular it covers problems which arise out of the delivery of defective goods under contracts of sale, such delivery being regarded as contractual default in common law countries, while in civil law countries it may only give rise to ‘guarantee’ liabilities. One of the civil law remedies used for enforcing such liabilities, that of redhibition or Wandelung, is so closely analogous to remedies available by way of termination for contractual default that the two kinds of remedy are conveniently discussed together.
Keywords: contractual default, breach of contract, civil law, common law, defective goods, guarantee liabilities, termination, remedies, redhibition
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