Reinvestigation of Confronting the Presumptive Breach of the Contract based on the Doctrine of Specific Performance in Common Law System (U.K. and U.S.) and Islamic Law

Abstract

Abstract Prior to date of fulfilling the obligation, it is possible that the covenantee, through a certain, reasonable and conventional assumption, come to a conclusion based on which the covenantor would not accomplish his/her contractual obligations at the agreed time (presumptive breach). In this case, the beneficiary, under certain circumstances, can exercise his/her right to suspend or terminate the contract and claim for damages. But, enjoying the doctrine of specific performance prior to the agreed upon date in the contract for dealing with the presumptive breach by the covenantee is not specified in the legal systems and, in contrast to Convention on the International Sale of Goods, it is difficult to perceive a legal and albeit a regular position for presumptive breach in domestic law. Accordingly, the present study, by means of a comparative approach, and in addition to examining the subject theoretically, investigates the applicability of this doctrine in order to develop and extend the sanctions arising from breaching the contracts.

Keywords

• presumptive breach
• specific performance
• claim for damage
• convention on contracts for the international sale of goods