Studies in the Contract Laws of Asia: Remedies for Breach of Contract

ISBN : 9780198757221

Mindy Chen-Wishart; Burton Ong
512 ページ
171 x 246 mm

Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.


1. Introduction

2. China: Performance Remedies

3. China: Money Remedies

4. India: Performance Remedies

5. India: Money Remedies

6. Japan: Performance and Money Remedies

7. Korea: Performance Remedies

8. Korea: Money Remedies

9. Singapore: Performance Remedies

10. Singapore: Money Remedies

11. Hong Kong: Performance Remedies

12. Hong Kong: Money Remedies

13. Taiwan: Performance Remedies

14. Taiwan: Money Remedies

15. Malaysia: Performance and Money Remedies

16. Thailand: Performance and Money Remedies

17. Conclusion: The Protection of the Performance Interest in Remedies for Breach of Contract


Mindy Chen-Wishart is a Reader in Contract Law and Associate Dean of Graduates at Oxford University. She also holds a fractional professorship at the National University of Singapore. She specialises in contract, restitution, philosophical foundations of the common law, and contract law and fundamental rights. She is author of Contract Law (5th ed, OUP, 2015), an editor of Chitty on Contract, and a member of the Advisory Group on A Restatement of the English Law of Contract. Mindy lectures to the Judicial College and was named author of the best paper of 2013 in the International and Comparative Law Quarterly. She holds or has held visiting professorships at Hong Kong University, the National University of Taiwan, Otago University, Auckland University, Canterbury University and Gottingen University. ; Alexander Loke JSD, LLM (Columbia), LLB (Hons)(NUS) is Professor at City University of Hong Kong. Loke researches and publishes on contract law, corporate and securities law, and international finance. Loke was one of the founders of the Centre for Banking & Finance Law at NUS Law, and was responsible for creating its researcher program. He was also the founding editor of the Asian Journal of Comparative Law, which was accorded A in Australian Research Council ranking of world journals. ; Burton Ong is an Associate Professor at the Faculty of Law of the National University of Singapore (NUS), where he teaches and researches in the areas of Contract Law, Competition Law, and Intellectual Property Law. He graduated from NUS (LLB, 1st Class Hons; Lee Kuan Yew Gold Medal), Oxford University (Vinerian Scholarship) and Harvard Law School. He is a Director (Competition Law) at the NUS Centre for Law and Business, Deputy Director at the Asia-Pacific Centre for Environmental Law and Fellow at the IP Academy.