Lmc ending a contract performance early finish agreed

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LMC ENDING A CONTRACT Performance Early finish agreed Breach – fault Breach - no fault ( e.g. Frustration ) Inherent defect ( e.g. Fraud .... )
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LMC CONTRACT REMEDIES COMMON LAW Termination Damages CODIFIED ( CIVIL ) LAW Performance
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LMC ...... another interesting difference between English law and the rest of the world ....... The GOOD FAITH requirement
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LMC GOOD FAITH IN MOST SYSTEMS contract rights must be exercised in good faith or contract may be void & damages may be awarded ; Covers : Negotiations Performance Enforcement
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LMC e.g. Germany … legal relationship of trust, based on commercial dealing... e.g. USA .... duty of good faith & fair dealing in all contracts ..... ... observance of reasonable commercial standards of fair dealing in the trade ....
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LMC - B UT - nb. English law & freedom of contract ' .... each party to the negotiations is entitled to pursue his (or her) own interest , so long as he avoids making misrepresentations ..' ..... LORD ACKNER Walford v Miles [1992] 2 AC 128, 138 ' ..... the plaintiffs are free to act as they wish provided that they do not act in breach of a term of the contract ..' POTTER L.J. James Spencer & Co Ltd v Tame Valley Padding Co Ltd
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LMC .... CONT.D. ..... ' .... [ you are entitled to exercise your rights under a contract ] .. for a good reason or a bad reason or no reason at all …' PEARSON L.J. Chapman v Honig [1963] 3 WLR 19 ' … moral insensitivity in the interest of economic efficiency ..' BARRY NICHOLAS Contract Law Today (1991) Harris, Tallon(eds) p.137
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LMC One last note International contracts are now primarily using the common law model .......
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LMC SEMINAR PREP Find & explain FIVE INCOTERMS & google !!
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  • Fall '19
  • UNIDROIT, Everet, BARRY NICHOLAS

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