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A History of Private Law in Scotland: Volume 2: Obligations$
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Kenneth Reid and Reinhard Zimmermann

Print publication date: 2000

Print ISBN-13: 9780198299288

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299288.001.0001

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Breach of Contract

Breach of Contract

Chapter:
(p.175) 7 Breach of Contract
Source:
A History of Private Law in Scotland: Volume 2: Obligations
Author(s):

DAVID JOHNSTON

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198299288.003.0007

This chapter discusses some of the many important concepts regarding breach of contract as the subject is wide and extensive. It looks at three topics: the emergence of a unified concept of breach of contract; the emergence of rescission as a general remedy for certain breaches of contract; and the emergence of foreseeability as a leading criterion in considering the remoteness of damage. While this chapter discusses these three topics on breach of contract, it traces the evolution of Scots law from being heavily dependent on the Roman law and the influences brought upon by the modern law approaches within the context of the concepts existing in the breach of contract.

Keywords:   breach of contract, contract, breach, rescission, foreseeability

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