国际贸易法25RemediesforBreachofContract.ppt

Contents 5.1 Principles of Imputation[1] 5.2 Varieties of Conducts of Breaching the Contract 5.3 Breaches and Remedies 5.4 Damages 5.5 Specific Performance 5.6 Avoidance[2] 5.7 Other Remedies 5.8 Exemptible Causes [1] 违约的归责原则 [2] 解除合同 5.1 Principles of Imputation 1. Definition of Liability of Breaching a Contract When: After the conclusion of a contract What: Either party fails to perform its obligations as contracted shall bear the their respective liabilities 5.1 Principles of Imputation 2. Principles for Defining Liability (1) Principle of Fault (2) Principle of Presuming Fault (3) Principle of Non-fault 5.2 Varieties of Conducts of Breaching 1. Continental Law Failure to perform不履行 Failure to perform fully as contracted不完全履行 Delay performance履行迟延 Anticipatory breach预期违约 2.Anglo-American Law Breach of condition违反条件 Breach of warranty违反担保 Breach of innominate term违反中间性条款 3. CISG Actual Breach实际违约 Fundamental breach Non-Fundamental breach Anticipatory Breach预期违约 Fundamental breach it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result. Anticipatory Breach预期违约 Before performance is due, one party fails to perform as requested by the contract, that is anticipatory breach of a contract, and it can be divided into explicit breach and implicit breach of contract. Case 08.1Singapore Furniture Company sent an offer to a Fujian furniture factory to order 2000 leather cases, shipment before May 4th. The factory accepted the order and the parties signed the contract on Feb. 10th. So, the factory arranged to produce. On 3.25, the factory received a Fax from the furniture company, which claimed that the Fujian factory was a small factory and could not produce all the goods they ordered and claimed to cancel the co