Prioritising Proof over Speculation: Resolving the Prospective Inability Problem in Contract Damages
نویسندگان
چکیده
Where one contracting party accepts the other party's repudiation should former entitlement to substantial damages depend upon proof of its future ability perform? The relevant case law is notoriously complex, and question remains unsettled. This article identifies reasons for this complexity uncertainty proposes a way forward. It first established, consistently with decision in Bunge v Nidera , that when parties’ obligations are dependent or concurrent innocent perform post‐termination period must be any assessment. Next, critical which allocated burden proving (or inability) confronted. argued that, subject two specified exceptions, considerations both principle practicality favour law's adoption rebuttable presumption would have performed remaining obligations.
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ژورنال
عنوان ژورنال: Modern Law Review
سال: 2022
ISSN: ['0026-7961', '1468-2230']
DOI: https://doi.org/10.1111/1468-2230.12783