Motive Matters!: An Exploration of the Notion 'Deliberate Breach of Contract' and Its Consequences for the Application of Remedies

Name: Motive Matters!: An Exploration of the Notion 'Deliberate Breach of Contract' and Its Consequences for the Application of Remedies
Brand: Intersentia
SKU: 9781780681634
Price: 6663.0 INR
Availability: InStock

by Martijn Van Kogelenberg

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ISBN13: 9781780681634
Binding: Paperback
Subject: N/A
Publisher: Intersentia
Publisher Imprint: Intersentia
Publication Date: September 12, 2013
Pages: 243
Original Price: GBP 59.7
Language: English
Edition: N/A
Item Weight: 545 grams
BISAC Subject(s): Contracts

About The Book

This book argues that motives for committing breach of contract should matter in the application of remedies in contract. Deliberate breach of contract requires a different and sterner answer from the law of contract than any other breach of contract, because providing equal remedies for all breaches of contract threatens parties' trust in the law of contract. This statement should be reflected in the law of remedies in contract. The box of remedies available to the victim of deliberate breach of contract should be designed accordingly. In general, the book argues that the victim of contractual breach should have a stronger right to enforced performance of the contract, and that the victim should have easier access to damages and receive a larger amount of damages if s/he is the victim of deliberate breach of contract. The arguments for the chosen approach to deliberate breach of contract are primarily drawn from comparative legal research, mainly in the form of studying court decisions, academic contributions, and other common legal sources: in other words, the classic legal approach. (Series: Ius Commune Europaeum - Vol. 114)

About The Author

Martijn van Kogelenberg graduated in Russian Studies, specializing in Russian civil law. In 2004 he graduated in Dutch law, specializing in Dutch civil law. After his studies in Leiden, he entered the University of Oxford to follow a post-graduate Magister Juris degree.
He was lawyer with Pels Rijcken & Droogleever Fortuijn (2005-2006).
In 2006 Martijn started working on his dissertation at the civil law department of the Erasmus Erasmus University Rotterdam. In addition to his doctoral thesis, he published several articles, including an international publication. He has also been involved in teaching various civil law subjects to law students and in giving post-academic courses and lectures in contract law. In 2012 he defended his thesis and was promoted to doctor in law. He was university lecturer at the Erasmus University Rotterdam (2002-2005).
At the moment he is assistant professor Private law at the University of Utrecht.

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