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Critique on “Damages” as a Remedy for Breach of Contract Under Indian, American, English and Chinese Law.

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Critique on “Damages” as a Remedy for Breach of Contract Under Indian, American, English and Chinese Law.
Critique on “Damages” as a remedy for breach of contract under Indian, American, English and Chinese law.

Project: Law of Contracts

[pic]
|Submitted to: |Submitted by: |
|Prof (Dr.) Amar Singh | |
|Principal Faculty, |Dheerak Kumar Aseri - B.Sc. LL.B (Hons.) |
|Law of Contracts, | |
|National Law University, |III - Semester |
|Jodhpur. | |

TABLE OF CONTENTS

Methodology 3
Introduction 4
Damages 5
Purposes Of Damages 6
Types Of Damages 6
General Measure Of Damages 11
Damages Under The Uniform Commercial Code 11 Measurement Of Damages For The Seller 's Breach Of Contract: 11 Measurement Of Seller 's Damages When Buyer Breaches: 12
Damages Under Chinese Law 12
Comparison Of Concept Of Damages Under U.S. And Chinese Law 16
Differing Philosophies Of Search Term Begin Contract Search Term End Performance 17
Damages Cannot Be Independent Of Economic Position Of Parties 20
The Efficient Breach Theory 21
Problems With The Efficient Breach Theory 23
Conclusion 26
Bibliography……………………………………………………………………………………30

METHODOLOGY

Research Problem: Whether “damages” is a common remedy for breach of contract and the standard of measurement of damages is similar in these countries and whether the damages provided for the breach of contract can be independent of the economic position of the parties and it may

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