合同终止2概要1.pptx

Termination of contract;A breach of contract is committed when a party without lawful excuse fails or refuses to perform what is due from him under the contract, or performs defectively or incapacitates himself from performing.;The doctrine of compensation The doctrine of limitations on damages ;The doctrine of expectation interest 期待利益 The doctrine of reliance interest信赖利益 The doctrine of restitution interest 无偿得利;Both parties at the time of the conclusion of a contract have expectation interest over the contract, and the injured party is entitled to his expectation interest lost by the party in breach. Courts ordinarily protect the expectation that the injured party had when making the contract by attempting to put the injured party in as good a position as that party would have been in had the contract been performed, that is, had there been no breach.;When the defendant’s promise to perform his contractual obligations, the claimant has acted to his detriment in entering into the contract and the award of damages should compensate the defendant. To put the claimant in as good a position as he was in before the defendant’s promise was made.;A claimant who claims the protection of his restitution interest does not wish to be compensated for the loss which he has suffered; rather, he wishes to deprive the defendant of a gain which he has made at the claimant’s expense. See example on p. 116;Non-breaching party has the duty to mitigate damage. Damages must be established with a reasonable degree of certainty. 1 Damages must be either foreseeable to the breaching party or would naturally flow from the breach. Hadley v. Baxendale. Prutch v. Ford Motor Company. p117;Specific performance Avoidance Price reduction Refusing early delivery and excess quantity ;Failing to make an agreed delivery Delivering goods that do not conform to the contract Indicating an intention not to fulfill the obligations under the contract.;A court requires a party to the contract to perform,