We have thus far been discussing the content and creation of contractual obligations.
We shall now have to turn our attention to questions relating to their performance. Just as man is destined to die, so a contract is intended to be terminated. It does not exist tor its own sake.
Every contractual promise gives rise to the expectation, on the part of the promisee, that it will be honoured. If the promisor does what he has promised, he is free, and the obligation falls away. If, on the other hand, he either does not perform properly or does not perform at all, the question arises what form of relief the legal system is prepared to offer to the disappointed promisee: may he enforce (specific) performance of the contract, is he able to claim damages or can he possibly even rescind the contract? We shall first deal with the situation where the life of a contractual obligation ends according to plan: by way of performance. We shall then have to consider other ways of terminating an existing obligation. Finally, the pathological cases have to be dealt with: the various forms of breach of contract and the remedies available to the aggrieved party.
More on the topic We have thus far been discussing the content and creation of contractual obligations.:
- Quasi-contractual and quasi-delictual obligations
- 3. CREATION AND TERMINATION OF PA TRIA POTESTAS
- Obligations: Common Principles and Obligations Arising from Contracts
- The Content of the Quasi Categories
- 2. CREATION AND TERMINATION OF SLAVERY
- A Creation of Legal Practice
- Content and Classification of Contracts
- Creation and partition of joint ownership
- Contractual proprietary interests
- The content of justice
- A fourth category of obligations referred to in the Institutes of Justinian are the obligations arising from quasi-delicts (obligationes quasi ex delicto or quasi ex maleficio).
- CONTENT
- CONTENT
- Content
- Contractual Agreements Involving More Than One Debtor and/or Creditor
- Contractual Agreements in Favour of a Third Party
- Contractual Liability