Excusable Non-Performance of Contract: International and Comparative Aspects

Savrai, Parviz (1994) Excusable Non-Performance of Contract: International and Comparative Aspects. PhD thesis, University of Glasgow.

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The purpose of this thesis is to examine and analyse the application of excusable non-performance of contract through a comparison between the rules of the Common law, Civil law, international Conventions, and the standard form contracts on the subject. The approach is to consider and analyse the problem from an international as well as from a national perspective, viz., the English, American, French, and German laws of contract. The main thrust of the thesis is that the problem of excusable non-performance viewed in doctrinal terms, presents extraordinary difficulties which have troubled legal scholars for many years. The emphasis is given to the potential ability of parties to regulate their own affairs by means of their contract. For this purpose, the study is aimed at examining drafting techniques and providing suggestions for the formulation of a force majeure clause in such a manner so as to introduce the clause as a means of contract security and a way of avoiding potential conflicts. More specifically, the thesis is divided into four parts. Part one deals with excusable non-performance and conditions under which a contract is discharged. In this part, the concept of the excuse doctrines as well as the historical development of the doctrines will be examined, analysed and compared. Part two analyses the effects of total and partial excusable nonperformance in which the important questions of rights and liabilities of contracting parties will be examined. Part three considers the problem and its confrontation at international level with regard to international Conventions, standard form contracts, and proposed theories. In part four, the thesis examines the role of force majeure clauses in the contracts. The thesis concludes with recommendations on how the problems of excusable nonperformance can be eliminated by a well-drafted immunity clause.

Item Type: Thesis (PhD)
Qualification Level: Doctoral
Additional Information: Adviser: Joseph M Thomson
Keywords: Law, International law
Date of Award: 1994
Depositing User: Enlighten Team
Unique ID: glathesis:1994-75714
Copyright: Copyright of this thesis is held by the author.
Date Deposited: 19 Dec 2019 09:15
Last Modified: 19 Dec 2019 09:15
URI: https://theses.gla.ac.uk/id/eprint/75714

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