MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING NGUYEN QUYNH TRANG 453416 REMEDIES FOR BREACH OF CONTRACT IN AUSTRALIAN AND VIETNAMESE LAW: A COMPARATIVE PERSPECTIVE BACHELOR’S THESIS Hanoi — 2024 MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING HANOI LAW UNIVERSITY NGUYEN QUYNH TRANG 453416 REMEDIES FOR BREACH OF CONTRACT IN AUSTRALIAN AND VIETNAMESE LAW: A COMPARATIVE PERSPECTIVE BACHELOR’S THESIS SUPERVISOR: PHD. DO THI ANH HONG Hanoi - 2024 STATUTORY DECLARATION I herewith formally declare that I myself have written the submitted Bachelor 's Thesis independently, the conclusions and data in the Bachelor's Thesis are tridhfid and reliable./ Confirmation of supervisor Author of Bachelor's Thesis Dr. Do Thi Anh Hong Nguyen Quynh Trang ACKNOWLEDGEMENTS I would like to take this opporhmity to express my gratitude to those who has been stgporting me throughout the process of drafting this study. Without such affection and assistance, tins graduation thesis would have not been completed First and foremost, I would like to extend my deepest gratitude to my supervisor, Dr.
Do Thi Anh Hong. Her unfaltering sipport and valuable advice along the way have served as thefoundation to the success of this study. I am deeply gratefil for her continuous patience and encouragement during the process of conducting this research This gratitude of mine also extends to the staff and lechưers and faculty member's of Hanoi Law University. Their commitment and support in order to instruct andpave the wayfor under graduates to venturefurther into their academic pathways have been remarkable.
I am also immensely gratefid to those hailing from the Comparative Law Institute at Hanoi Law University, for promptly supplying crucial resources that significantly contributed to inspiring and assisting in the timely completion of my thesis. Last but not least. I would extend an honorable mention myfamily andfriends, especially my belovedfriend - Due Minh - whose sincere support and affection have been vital to the formation of this study. Author of Bachelor 's Thesis Nguyen Qnyuh Trang LIST OF ABBREVIATIONS eg exempli gratia (for example) etc.
(pp) page (pages) UNCITRAL United Nations Commission on International Trade Law International Institute for the Unification UNIDOROIT of Private Law ”— Vienna Convention on Contracts for the International Sale of Goods UPICC Code of Conduct on International Commercial Contracts PECL iv Side cover 2. TABLE OF CONTENTS.Rationale of the Thesis 2.Literature review of previous studies related to the Thesis 3.Scientific and practical significance of the Thesis 4.Research objectives of the Thesis .Research objects and research scope of the Thesis 6.Methodology and research methods 7. Thesis structure CONTRACT. The concept of contract lw and breach of contract 111.
The definition of contract. The significance of coutract law. The definition of breach of coutraci 1. Classification of breach of contrac 1.
Remedies for breach of contract. The definition of remediesfor breach of contract. Classification of remediesfor breach of contract. Significance of remedies for breach of contract.
Conclusion of Chapter 1 CHAPTER 2. REMEDIES FOR BREACH OF CONTRACT IN AUSTRALIAN 2. Classificatious of breach of coutract in Australian law 2. Remedies for breach of contract in Australia law.
Remedies for breach of contract in Vietnamese law 2. Breach of contract in Vietnamese law v 2. Remedies for breach of contract in Vieftamese law 34 2. Remedies for breach of contract in Australian and Vietnamese law from a comparative perspective.
Concept of contractual breach remedies in Australian and Vietnamese law from a comparative perspective 2. Classificatious of contractual breach in Australian and Vietnamese law from a comparative perspective 2. Remedies for breach of contract in Australian and Vietnamese law Srom a comparative perspective Conclusion of Chap ter 2 CHAPTER 3. IMPLICATIONS TO IMPROVE PROVISIONS ON REMEDIES FOR BREACH OF CONTRACT IN VIETNAMESE LAW 54 3.Guiding principles for the proposals te improve provisions on remedies for breach of contract in Vietnamese hw 3.Specific proposals to improve provisions on remedies for breach of contract in Vietnamese contract laW.
Specific proposals to improve provisions on compensationfor damages in Vietnamese contract law. Specific proposals to improve provision ou termination for breach of coutract in Vietnamese contract law 57 Conclusion of Chap ter 3 59 CONCLUSION 60 REFERENCES 61 PREFACE 1. Rationale of the Thesis In an ever-changing era symbolized by intensive global trade and cross-border collaborations, understanding the similarities and differences in contractual remedies becomes imperative for legal practitioners, businesses, and policymakers operating in these jurisdictions. As businesses expand internationally, the need for a comprehensive understanding of legal frameworks governing contractual relationships becomes paramount.
This introduces the need to delve into the intricate details of how breach of contract is addressed in both jurisdictions, examining the remedies available to all parties and the underlying principles governing such remedies. On March 9th, 2024, Vietnam and Australia elevated their relations to a comprehensive strategic partnership. This occasion has opened up numerous opportunities for trade and commercial activities, leaving room for researchers, economists and especially lawmakers to be engaged in the process. Australian contract law, deeply rooted in the common law tradition, emphasizes the sanctity of contracts and the expectation that parties will adhere to their agreed terms.
Contrastingly, Vietnam, operating under a civil law system, prioritizes social justice and collective interests. This difference offers an intriguing dichotomy in legal traditions. As both countries continue to play pivotal roles in regional and international trade, a comparative analysis of their contract lav remedies becomes pertinent for fostering legal certainty and facilitating smoother business transactions. Regardless of this complexity and comprehensiveness of both legal systems, a thorough insight into the remedies for breach of contract in Australia and Vietnam has emerged as a novel aspect to be further explored.
Such an aspect shall seek to identify areas of convergence or divergence, potential challenges faced by international stakeholders, and opportunities for legal harmonization Understanding the nuances of each system can assist in drafting contracts, negotiating terms, and formulating strategies for dispute resolution. This has served as the cornerstone that has led to the formation of this study: its goals are to foster cross-cultural understanding in contractual relations, and catalyze 1 discussions on the development of a more cohesive global legal framework. By delving into the legal doctrines and legislative provisions governing contractual breaches, the underlying principles shaping the remedies available for breach of contract in each country are expected to be revealed. Additionally, the importance of considering cultural, historical, and philosophical factors in shaping contractual remedies is underscored, providing valuable insights for legal practitioners navigating the complexities of international business transactions.
Therefore, these factors collectively justify the selection of the topic “Remedies for breach of contract in Australian aud Vietnamese law: A comparative perspective” for this Bachelor's Thesis. Literature review of previous studies related to the Thesis 2. Foreign researches Solene Rowan (2012), “Remedies for Breach of Contract - A Comparative Analysis of the Protection of Performance” published by Oxford University Press, aims to bring the advantages of comparative study to bear on remedies for breach of contract. By drawing comparisons with French law, it seeks to shed light on the remedial regime for breach of contract in England.
It endeavors to achieve a new understanding of the protection afforded by English law remedies to contractual performance. Peter Radan, John Gooley, Ilija Vickovich (2018), “Principles of Australian Contract Law - Case and Materials” published by LexisNexis Butterworths in Australia provides the fundamental knowledge about Australian contract law and practical situations to illustrate, including breach of contract cases. Max Young (2010), “Understanding Contract Law” from Routledge - Cavendish in London and New York offers a clear introduction to the basic concepts of contract law in England built around familiar real-world examples that illustrate the concepts, principles and key cases upon which English contract law is structured, covers the necessary topics in contract law, including breach of contract. The aforementioned studies have contributed numerous legal principles and provided a broader perspective on the regulation of remedies for breach of contract in Common Law and in Australian law.
Nonetheless, the research’s scope remains w restricted, and no comparative analyses of remedies for breach of contract in Australian contract law with Vietnamese law have been conducted. Domestic researches Nguyen Hien Phuong (2022) discusses the “Law on contracts from the perspective of comparative law” provides a comparative analysis of contract law, potentially shedding light on similarities, differences and practices in contract regulation from a global perspective in different branches of law. Thisis valuable for understanding how Vietnam’s contract law aligns with or diverges from legal frameworks in other jurisdictions. Truong Nhat Quang (2021), “Legal regulations on Contracts - Basis legal issues” offers an in-depth exploration of fundamental legal issues concerning contracts.
This resource addresses key concepts and regulations related to contract law, offering comprehensive insights into contract formation, performance and liabilities. Nguyen Thi Minh, “Differences in the regulations of liability for breach of contract between Vietnamese law and Australian la ”Ì provides foundational insights into basic comparative liability for breach of contract in two different countries. Bui Thi Thanh Hang (2016), “Remedies for breach of contract in comparative perspective” refers to measures to force continued contract performance, contract cancellation and compensation for damages in the civil law system and common law legal system, some international legal documents on contracts and contract law Vietnam to point out similarities and differences. Le Hang Phuong (2022), “Measure of damages under Vietnamese Civil law - Graduation Thesis” reseerches theoretical and practical issues of the provisions of Vietnamese law on compensation for damage caused due to breach of contract in Vietnam, on the basis of comparison to provisions on compensation for breach of contract of some countries and a number of international legal docum ents in order to contribute to clarifying and enriching the theoretical, practical and legal basis of the compensation for damage caused due to breach of contract.
' Jurisprudence joumal, No.2, 1999 It can be concluded that the majority of research about remedies for breach of contract in Vietnamese contract law have not given a comparison view with Australia yet, or only have spare information and knowledge. Hence, the study “Remedies for breach of contract in Australian and Vietmamese law: A comparative perspective” does not coincide with these previous studies. This is a completely new study that focuses on the Vietnamese law of remedies for breach of contract in comparison with Australia’s. Scientific and practical significance of the Thesis 3.
Scientific significance The Thesis holds scientific significance in its potential to contribute to cross- cultural legal analysis, reforms, economic implications and comparative legal studies. It also offers valuable insights into the completion of the contract law system in Vietnamese legal science 3. Practical significance The Thesis provides valuable guidance for stakeholders in cross-border transactions by comparing remedies for breach of contract frameworks in Australian and Vietnamese contract law. It offers actionable material for: () legal professions and competent authorities in completing Vietnamese contract law regulations, (ii) courts and arbitration centers in resolving disputes related to this type of ; (1) and the Parties who enter into contracts to understand the regulations of law.
Research objectives of the Thesis Firstly, it endeavors to conduct a comprehensive comparative analysis of the statutory remedies for breach of contract in Australian and Vietnamese contract law. Moreover, the exploration of historical, cultural and institutional contexts within both legal systems is an essential component. The Thesis also seeks to critically assess the practical implications of these remedies within Australian and Vietnamese legal landscapes. Finally, the formulation of policy recommendations to enhance the utilization and effectiveness of remedies for breach of contract in two countries’ law stands as a significant objective.
Research objects and research scope of the Thesis 5. Research objects of the Thesis The research object of the Thesis is the assessment and comparison of remedies for breach of contract within the legal regulations of Australian and Vietnamese contract law. This involves the theoretical issues, regulations of law and the application of remedies, aiming to provide a comprehensive understanding of how these remedies are utilized to resolve the contractual disputes in both legal systems.