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PROBING INTO THE SYSTEM OF FUNDAMENTAL BREACH OF CONTRACT

Ren Tao

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Abstract

The system of fundamental breach of contract derives from the common law of Britain which is adopted and become an international clause by the convention of UN International sales of goods contract.When one party of the contract commits breach so that the anticipatory interest that the other party of the contract expects to acquire while having made contract and can achieve if normal performing the contract doesn't realize,one party of the contract is sentenced to the fundamental breach of contract.Therefore,the nonbreach of contract can terminate performance of the contract.The purpose of this system is not for cancellation of contract,but for the restriction of it.

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What this paper is about

The system of fundamental breach of contract derives from the common law of Britain which is adopted and become an international clause by the convention of UN International sales of goods contract.When one party of the contract commits breach so that the anticipatory interest that the other party of the contract expects to acquire while having made contract and can achieve if normal performing the contract doesn't realize,one party of the contract is sentenced to the fundamental breach of contract.Therefore,the nonbreach of contract can terminate performance of the contract.The purpose of this system is not for cancellation of contract,but for the restriction of it.

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Available abstract

The system of fundamental breach of contract derives from the common law of Britain which is adopted and become an international clause by the convention of UN International sales of goods contract.When one party of the contract commits breach so that the anticipatory interest that the other party of the contract expects to acquire while having made contract and can achieve if normal performing the contract doesn't realize,one party of the contract is sentenced to the fundamental breach of contract.Therefore,the nonbreach of contract can terminate performance of the contract.The purpose of this system is not for cancellation of contract,but for the restriction of it.

Key concepts: Privity of contract, Breach of contract, Exclusion clause, Severability, Frustration of purpose, Business, Contract management, Convention

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