A Comparative Study of the bases of Contractual Liability in US law, Iranian law, and Islamic Jurisprudence

Document Type : Academicm and Research

Authors

1 PhD Candidate, Department of Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran.

2 Assistant Professor, Department of Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran.

10.22091/csiw.2022.7682.2206

Abstract

The law of contracts is an important part of any legal system. A major challenge in this regard is how sanctions are determined in the event of the breach of a contract. Consistent with a set of pre-determined goals, all legal systems have made certain rules for the breach of contractual obligations. In the law of the United States, a strict liability system governs in terms of preservation of a contract as well as compensations for the damages of a contract breach. Nevertheless, drawing on the different aspects of the consequences of this liability, researchers have developed new perspectives on the fault-based enforcement of liability in recent decades. The Iranian Law, rooted in the Islamic jurisprudence (the Fiqh), limits the claim for contractual damages circumstantially to the affirmation of parties, customary law, or civil laws due to the differing opinions of Islamic jurists (the Foqahā) on the issue. Following the aims of the laws of civil liability in fully compensating for the damages incurred to contract parties, the loss can be estimated according to its attributability to the offending obligator. Use was made of the descriptive, analytical, and comparative methods in carrying out the present study.

Keywords

Main Subjects

References

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Comparative Studies on Islamic and Western Law
Volume 9, Issue 4 - Serial Number 34
December 2023
Pages 275-302

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