Introduction to Private Law 2024/25 - Contractual Remedies
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Under what condition can a debtor refuse performance according to the German $ 275 BGB?

  • When performance requires expense and effort grossly disproportionate to the interest of the creditor (correct)
  • When performance can be achieved at any cost
  • When performance requires minimal expense or effort
  • When performance is significantly beneficial to the creditor

    • What principle does the German law emphasize regarding the claim for performance?

  • Claiming performance is sometimes not useful even if it is due (correct)
  • Claiming performance is always effective regardless of circumstances
  • Performance claims are generally limited to monetary values only
  • The creditor has an unconditional right to claim performance without limitations

    • What can be inferred about the relationship between contracting parties in civil law jurisdictions?

  • They must always adhere to the principles of good faith in their dealings (correct)
  • They can avoid obligations if the costs are too high
  • They can demand performance without considering mutual benefits
  • They have unlimited rights to claim performance at all times

    • What principle does $ 241 (1) BGB highlight regarding the claim for performance?

    <p>The claim for performance is generally applicable unless it leads to a loss for the debtor</p> Signup and view all the answers

    What does binding force in civil law primarily allow a creditor to do?

    <p>Seek performance of the contract in natura</p> Signup and view all the answers

    In common law, what is the primary remedy available to creditors when debtors fail to perform?

    <p>Monetary compensation</p> Signup and view all the answers

    Which of the following best summarizes the view of contracts in civil law jurisdictions?

    <p>Contracts are viewed as moral obligations that require adherence</p> Signup and view all the answers

    What argument may be difficult for the debtor to leverage against the creditor's claim for performance?

    <p>That the creditor has little interest in the contract</p> Signup and view all the answers

    What does the concept of 'performance in natura' imply for creditors?

    <p>They can demand a specific item or action as agreed</p> Signup and view all the answers

    How does common law differ in its treatment of contract breaches compared to civil law?

    <p>Common law primarily awards monetary compensation rather than enforcing performance</p> Signup and view all the answers

    What is a characteristic rule regarding the time required for a debtor to perform their obligations?

    <p>Time for performance must be reasonable as per the circumstances</p> Signup and view all the answers

    If a debtor does not deliver what was agreed upon in a contract, how can the creditor respond under civil law?

    <p>The creditor can sue for performance or seek delivery of goods</p> Signup and view all the answers

    What is the primary contractual remedy discussed in the content?

    <p>Specific performance</p> Signup and view all the answers

    In which type of law is the claim for specific performance regarded as a natural remedy?

    <p>Civil law</p> Signup and view all the answers

    Which of the following is NOT a requirement for claiming specific performance?

    <p>Proof of damages suffered</p> Signup and view all the answers

    Which countries exemplify the civil law approach regarding specific performance?

    <p>Germany, France, and Poland</p> Signup and view all the answers

    What role does a court play in the context of specific performance in civil law jurisdictions?

    <p>Enforces performance of the contract</p> Signup and view all the answers

    Which of the following statements reflects the common law view on specific performance?

    <p>Specific performance is a secondary remedy.</p> Signup and view all the answers

    What is a situation where the breaching party may not be compelled to perform their obligations?

    <p>If performance is impossible</p> Signup and view all the answers

    What is the binding force of a contract in relation to specific performance?

    <p>It compels performance by the breaching party.</p> Signup and view all the answers

    What must performance in a contract generally match?

    <p>The quality of readily available goods</p> Signup and view all the answers

    In English law, what remedy is typically available to a buyer when the goods delivered are not unique?

    <p>Claim for damages</p> Signup and view all the answers

    In the case discussed, what was the main issue with the office building's tiles?

    <p>They had cosmetic defects due to corrosion</p> Signup and view all the answers

    Which directive addresses the issue of consumer sales and non-conforming goods delivered by a professional seller?

    <p>European Directive 1999/44</p> Signup and view all the answers

    Which legal consequence is mentioned regarding a legally binding promise?

    <p>It demands a specific performance regardless of cost</p> Signup and view all the answers

    What is generally the legal view in civil law jurisdictions regarding a creditor's right to performance?

    <p>Performance is a right of the creditor</p> Signup and view all the answers

    What was the approximate cost of replacing the tiles in the discussed case?

    <p>Fl. 6 million</p> Signup and view all the answers

    What does the quote from Oliver Wendell Holmes imply about contracts?

    <p>The creditor has limited options in performance claims</p> Signup and view all the answers

    Under English law, what is the status of specific performance as a remedy?

    <p>It is an exceptional remedy</p> Signup and view all the answers

    What may prevent a party from bringing an action for performance under common law?

    <p>Personal services required</p> Signup and view all the answers

    How have French courts typically viewed claims for performance?

    <p>They accommodate minimal harm claims</p> Signup and view all the answers

    What fundamental principle underlies the concept of performance in a contract?

    <p>It should reflect the agreed-upon terms</p> Signup and view all the answers

    How does unforeseen circumstances affect contractual performance in common law?

    <p>They may be invoked to avoid performance</p> Signup and view all the answers

    According to the PECL, what is crucial for the principle of binding force of a contract?

    <p>Parties must not escape from being bound</p> Signup and view all the answers

    In the Dutch case referenced, what was the conclusion of the court regarding the debtor's obligation?

    <p>The debtor must replace the tiles despite the visual imperfection</p> Signup and view all the answers

    In cases of consumer sales, what options does the consumer have when goods are found to be non-conforming?

    <p>Repair or replacement, or price reduction</p> Signup and view all the answers

    What can happen if a party does not abide by a court decision to perform?

    <p>An official can enforce the decision by taking goods or money.</p> Signup and view all the answers

    In which situation would claiming performance be considered futile?

    <p>When the item sold is stolen before delivery is due.</p> Signup and view all the answers

    What is an example of objective impossibility regarding contract performance?

    <p>A wedding dress manufacturer delivering on a date after the wedding.</p> Signup and view all the answers

    When is performance considered to impose unreasonable effort or expense on the debtor?

    <p>When the debtor must expend excessive resources or effort.</p> Signup and view all the answers

    According to the article, in which scenario can a creditor not successfully claim performance?

    <p>When a specific person is required to perform the contract.</p> Signup and view all the answers

    Which of the following scenarios does NOT illustrate a claim for damages due to breach of contract?

    <p>An athlete is unable to run due to an injury before the event.</p> Signup and view all the answers

    What allows for a claim for damages in artist contracts according to the article?

    <p>Provision for artistic performance of a personal nature.</p> Signup and view all the answers

    What would be a reasonable expectation of the seller concerning a ring dropped in a river?

    <p>To accept the loss due to the impracticality of retrieval.</p> Signup and view all the answers

    Study Notes

    Introduction to Private Law 2024/25

    • Course material covers contractual remedies: specific performance, termination, and damages.
    • Meeting 2.2 focuses on these remedies with a slightly altered format compared to previous meetings.
    • Readings are divided into three sections, each with an introductory text.

    Meeting 2.2 - Contractual Remedies

    • Contractual obligations are key after a contract is formed and understood.
    • Breach of contract occurs when a party fails to fulfill their agreed-upon obligations.
    • Non-breaching party has access to remedies, which vary by jurisdiction.
    • Three key remedies discussed: specific performance, termination, and damages.

    Section 1 - Specific Performance

    • Readings include work by Smits, Jan; Peel, Edwin; and other relevant case studies.
    • Requirements for specific performance vary in civil and common law systems.

    Section 2 - Termination

    • Readings include work by Smits, Jan; Rowan, Selen; and Cartwright, John, discussing aspects of contractual termination.
    • French civil code's termination methods are outlined, with detail on criteria, and consequences.
    • English termination procedures are explored; and the classification of contract terms (conditions, warranties, etc.) is key.
    • The Sale of Goods Act 1979 (sections 13, 14, and 15) are referenced.

    Section 3 - Damages

    • Readings include work by Smits, Jan; Kotz, Hein; Peel, Edwin; and Stanhope Kenny, concerning damages.
    • Civil and common law approaches to damages are contrasted and analyzed.
    • Key components include: breach, loss, causation, and attributability of damages.
    • Concepts like remoteness of damages (foreseeability) are outlined.

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    Meeting 2.2 Contractual Remedies PDF

    Description

    This quiz focuses on the essential concepts of contractual remedies in private law, highlighting specific performance, termination, and damages. Meeting 2.2 emphasizes the unique aspects of these remedies across different legal systems. Delve into key readings and case studies for a comprehensive understanding of the topic.

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