|
|
|
|
|
|
|
|
|
|
|
|
|
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
Metadata
SiSU Metadata, document information
Manifest
SiSU Manifest, alternative outputs etc.
Chapter 3 - Non-Performance and Remedies in General
(1) Whenever a party does not perform an obligation under the contract and the non-performance is not excused under Article 3.108, the aggrieved party may resort to any of the remedies set out in Chapter 4.
(2) Where a party?s non-performance is excused under Article 3.108, the aggrieved party may resort to any of the remedies set out in Chapter 4 except claiming performance and damages.
(3) A party may not resort to any of the remedies set out in Chapter 4 to the extent that his own act caused the other party?s non-performance.
|
