계약의 이행거절에 따른 손해배상에 관한 연구

• 영문명: A Study on the Damages by Anticipatory Breach of Contract -Focused on the White & Carter case-
• 발행기관: 한국국제상학회
• 저자명: 한낙현(Nak-hyun Han)
• 간행물 정보: 『국제상학』國際商學 第28卷 第3號, 73~91쪽, 전체 18쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2013.09.30

영문 초록

The purpose of this study aims to analyse the damages by anticipatory breach of contract with White & Carter case. If one party to a contract repudiates it in the sense of making it clear to the other party that he refuses or will refuse to carry out his part of the contract, the other party, the innocent party, has an option. He may accept that repudiation and sue for damages for breach of contract whether or not the time for performance has come; or he may if he chooses disregard or refuse to accept it and then the contract remains in full effect. If a party has no interest to enforce a stipulation, he cannot in general enforce it: so it might be said that, if a party has no interest to insist on a particular remedy, he ought not be allowed to insist on it. And, just as a party is not allowed to enforce a penalty, so he ought not to be allowed to penalise the other party by taking one course when another is equally advantageous to him.

목차

Abstract

Ⅰ. 서론

Ⅱ. White & Carter 사건의 개요와 판결내용

Ⅲ. 관련 판례분석

Ⅳ. White & Carter 사건의 판결내용 분석

Ⅴ. 결론

참고문헌

키워드

Anticipatory Breach Breach of contract Damages White & Carter Case Remedy