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Fault and breach of contract in France and England: some comparisons

Rowan, Solene (2011) Fault and breach of contract in France and England: some comparisons. European Business Law Review, 22 (4). pp. 467-485. ISSN 0959-6941

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Abstract

Where the promisor fails to perform and thereby causes loss to the promisee, he will generally be liable to compensate such loss. This paper considers the extent to which in French and English law, this simple proposition must be qualified by reference to the fault of the promisor. For this purpose, fault denotes a failure to exercise care and diligence. Is fault a necessary element of contractual liability? Alternatively, is liability for breach of contract independent of fault?

Item Type: Article
Official URL: http://www.kluwerlawonline.com/toc.php?area=Journa...
Additional Information: © 2011 The Author
Library of Congress subject classification: K Law > K Law (General)
Sets: Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 09 Jul 2012 14:02
URL: http://eprints.lse.ac.uk/44691/

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