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Principles of European Contract Law [Part 1, 1995, ]

Part I - Performance, Non-performance, Remedies.

Chapter 1 - General Provisions

Article 1.101 - Application of the Principles

Article 1.102 - Exclusion or Modification of the Principles

Article 1.103 - Usages and Practices

Article 1.104 - Interpretation and Supplementation

Article 1.105 - Meaning of Terms

Article 1.106 - Good Faith and Fair Dealing

Article 1.107 - Duty to Co-operate

Article 1.108 - Reasonableness

Article 1.109 - Imputed Knowledge and Intention

Article 1.110 - Notice

Chapter 2 - Terms and Performance of the Contract

Article 2.101 - Determination of Price or other Contractual Terms

Article 2.102 - Unilateral Determination by a Party

Article 2.103 - Determination by a Third Person

Article 2.104 - Reference to a non-existent Factor

Article 2.105 - Quality of Performance

Article 2.106 - Place of Performance

Article 2.107 - Time of Performance

Article 2.108 - Early Performance

Article 2.109 - Contract for an Indefinite Period

Article 2.110 - Form of Payment

Article 2.111 - Currency of Payment

Article 2.112 - Appropriation of Performance

Article 2.113 - Property not Accepted

Article 2.114 - Money not Accepted

Article 2.115 - Stipulation in Favour of a Third Party

Article 2.116 - Performance by a Third Person

Article 2.117 - Change of Circumstances

Chapter 3 - Non-Performance and Remedies in General

Article 3.101 - Remedies Available

Article 3.102 - Cumulation of Remedies

Article 3.103 - Fundamental Non-Performance

Article 3.104 - Cure by Non-Performing Party

Article 3.105 - Assurance of Performance

Article 3.106 - Notice Fixing Additional Period For Performance

Article 3.107 - Performance Entrusted to Another

Article 3.108 - Excuse Due to an Impediment

Article 3.109 - Clause Limiting or Excluding Liability

Chapter 4 - Particular Remedies for Non-Performance

Section 1 - Right to Performance

Article 4.101 - Monetary Obligations

Article 4.102 - Non-Monetary Obligations

Article 4.103 - Damages Not-Precluded

Section 2 - Right to Withhold Performance

Article 4.201 - Right to Withhold Performance

Section 3 - Termination of the Contract

Article 4.301 - Right to Terminate the Contract

Article 4.302 - Contract to be Performed in Parts

Article 4.303 - Notice of Termination

Article 4.304 - Anticipatory Non-Performance

Article 4.305 - Effects of Termination in General

Article 4.306 - Property Reduced in Value

Article 4.307 - Recovery of Money Paid

Article 4.308 - Recovery of Property

Article 4.309 - Recovery for Performance that Cannot be Returned

Section 4 - Price Reduction

Article 4.401 - Right to Reduce the Price

Section 5 - Damages and Interest

Article 4.501 - Right to Damages

Article 4.502 - General Measure of Damages

Article 4.503 - Foreseeability

Article 4.504 - Loss Attributable to Aggrieved Party

Article 4.505 - Cover Transaction

Article 4.506 - Current Price

Article 4.507 - Delay in Payment of Money

Article 4.508 - Agreed Payment for Non-Performance

Article 4.509 - Currency by which Damages to be Measured

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Manifest

SiSU Manifest, alternative outputs etc.

Principles of European Contract Law

European Union

copy @ Lex Mercatoria

Part I - Performance, Non-performance, Remedies.

Chapter 2 - Terms and Performance of the Contract

Article 2.117 - Change of Circumstances

(1) A party is bound to fulfil his obligations even if performance has become more onerous, whether because the cost of performance has increased or because the value of the performance he receives has diminished.

(2) If, however, performance of the contract becomes excessively onerous because of a change of circumstances, the parties are bound to enter into negotiations with a view to adapting the contract or terminating it, provided that:

(a) the change of circumstances occurred after the time of conclusion of the contract, or had already occurred at that time but was not and could not reasonably have been known to the parties; and

(b) the possibility of a change of circumstances was not one which could reasonably have been taken into account at the time of conclusion of the contract; and

(c) the risk of the change of circumstances is not one which, according to the contract, the party affected should reasonably be required to bear.

(3) If the parties fail to reach agreement within a reasonable period, the court may:

(a) terminate the contract at a date and on terms to be determined by the court; or

(b) adapt the contract in order to distribute between the parties in a just and equitable manner the losses and gains resulting from the change of circumstances; and

(c) in either case, award damages for the loss suffered through the other party refusing to negotiate or breaking off negotiations in bad faith.


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