Thursday, April 1, 2021

Cancellation of Contracts

  Cancellation of Contracts

Cancellation is another remedy for non-performance. Cancellation brings an already existing contract to an end.  What is the difference between invalidation and cancellation?

Cancellation may take two forms-judicial or unilateral. Normally cancellation results from court order. However, there are exceptional circumstances where the party affected by non-performance may unilaterally declare cancellation with out the need to go to court.

Enforcement of Contracts

  Enforcement of Contract

The enforcement of contract is sometimes referred to generally as literal performance or specific performance. Enforcement takes place through court order. Its purpose is to allow the creditor the benefit he expects from performance of the contract. It may take place either through Forced performance or substituted performance. 

General remedies for non-performance of contract under Ethiopian law

 

 General remedies of non-performance under Ethiopian law

 

The general provisions of Ethiopian law contract recognize three types of remedies of non-performance. These are stipulated under two sub-articles of Article 1771 as the effects of non-performance. It reads as follows

The Internal Contract or Contract of Mandate

Formation and Requirements  Pursuant to Art. 2179 of the Ethiopian civil code, we find two sources of representation:  the agreement of the ...

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