초록 열기/닫기 버튼
This article is on the liquidated damage and the mitigation in Korean civil law. In a real estate sale transaction case in which a buyer made a breach of the contract but the seller resold it to the 3rd party so successfully that the seller recovered more than he lost, the Korean Supreme court held that the liquidated damage should be limited to 50% considering his recovery. The author is of opinion that the seller might recover the liquidate damage in full in spite of the fluctuation of the market price. The author is mentioning the duty of mitigation, the assessment of damage, the time of the assessment of damage in Canadian law and other related common law cases in a perspective of comparative legal studies.
키워드열기/닫기 버튼
breach of contract, remedies, damage, liquidated damage, mitigation, time of assessment, assessment of damage, Korean law, Canadian law, common law, risk management
