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The Law of ObligationsRoman Foundations of the Civilian Tradition$
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Reinhard Zimmermann

Print publication date: 1996

Print ISBN-13: 9780198764267

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198764267.001.0001

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Breach of Contract

Breach of Contract

(p.783) Chapter 25 Breach of Contract
The Law of Obligations

Reinhard Zimmermann

Oxford University Press

This chapter deals primarily with breach of contract. Every contractual promise brings expectations to the promise. These expectations can be disappointed in various ways: the promisor may fail entirely to perform, he may offer performance at the wrong place, or his performance may turn out be unsatisfactory. In all these cases, the promisor has not complied with the duties imposed upon him by the contract, and thus, a breach of contract has occurred. The fragmented and unnecessarily intricate way of dealing with the problem of breach of contract has been severely criticized and it is widely regarded as one of the most unfortunate features of the German code.

Keywords:   breach of contract, mora debitoris, rescission, impossibility of performance, mora creditoris, quod interest, damages, German Code

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