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European Contract LawScots and South African Perspectives$
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Hector MacQueen and Reinhard Zimmermann

Print publication date: 2006

Print ISBN-13: 9780748624256

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748624256.001.0001

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Termination for Breach of Contract

Termination for Breach of Contract

(p.280) 11 Termination for Breach of Contract
European Contract Law

Tjakie Naudé

Edinburgh University Press

This chapter considers termination as a remedy for breach of contract under the Principles of European Contract Law (PECL). The PECL provisions on termination for non-performance are similar to Scots and South African law in a number of important respects, not surprisingly in view of the common law influence in all three systems. Under all three systems, a non-fundamental delay may be elevated into a fundamental one by an ultimatum, and all three know the concept of anticipatory breach.

Keywords:   termination, breach of contract, PECL, non-performance, Scots law, South African law, common law, anticipatory breach

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