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dc.contributor.authorMiller, Saulen
dc.date.accessioned2018-03-29T12:18:56Z
dc.date.available2018-03-29T12:18:56Z
dc.date.issued2006en
dc.identifier.urihttp://hdl.handle.net/1842/29278
dc.description.abstracten
dc.description.abstractThis thesis considers certain consequences following contractual failure in South African and Scots law in comparative perspective. Three species of contractual failure are under review: termination after breach; termination after supervening impossibility/frustration; and termination of a contract which is voidable by reason of improperly obtained consent. The focus is on the following: (a) the legal effect of termination for breach on the contractual nexus between the parties; (b) the claim which allows a party to enforce a right to a contractual performance after contractual failure; (c) the claim for the return of a contractual performance (or the value thereof) conferred prior to termination for breach; (d) the claim designed to redress the economic imbalances between the parties after supervening impossibility of performance/frustration; and (e) the claims designed to redress the economic imbalances between the parties after termination of a contract rendered voidable by reason of improperly obtained consent.en
dc.description.abstractThe central argument is that in choosing between defensible doctrinal alternatives to regulate the consequences of contractual failure, a legal system must not rely exclusively on abstract taxonomic arguments, historical arguments or comparative arguments. I argue that this choice should be made after careful consideration of the principles of recovery underpinning a particular remedy and the consequences of imposing liability according to a particular doctrinal set of rules. The proper doctrinal basis of a particular remedy is the one which, having due regard to the consequences of imposing liability according to a doctrinal set of rules, most accurately reflects these principles of recovery.en
dc.publisherThe University of Edinburghen
dc.relation.isreferencedbyAlready catalogueden
dc.subjectAnnexe Thesis Digitisation Project 2018 Block 17en
dc.titleThe consequences of contractual failure in South African and Scots Law: a comparative study into certain legal effects of termination after breach of contract with consideration of the analytical implications for termination after supervening impossibility of performance/frustration and for termination of a contract which is voidable by reason of improperly obtained consenten
dc.typeThesis or Dissertationen
dc.type.qualificationlevelDoctoralen
dc.type.qualificationnamePhD Doctor of Philosophyen


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