Law 5110 Study Guide - Quiz Guide: Force Majeure, Collateral Damage, Absolute Liability
Document Summary
The law classifies non-performance in 3 different ways: on the basis of the type of non-performance: party doesn"t perform at all, perform defectively or performs too late. Attributability means that the debtor is held liable for the non-performance, either because he is to blame for it or because he must bear the risk even if he was not at fault. This can also be expressed by saying that the non-performance must be non-excused, or that there is no force majeure. Civil law jurisdictions all pose this requirement, while english law generally finds the fact of non-performance itself quite sufficient to bring a claim for damages. While civil law emphasises that a debtor is freed from his obligations if he can"t help his failure to perform, English law highlights the interest of the creditor who counts on obtaining what was promised to him.
