3 ms·

That's the biggest sticking-point, one contract party not performing. What's next? Are you talking contractual penalty, or can you compel the other party to per

That's the biggest sticking-point, one contract party not performing. What's next? Are you talking contractual penalty, or can you compel the other party to perform? In the Anglo-American legal sphere you usually settle for compensation, it's the only means at your disposal, whereas in continental Europe (Code civil or BGB) there are legal ways to compel performance as written. Price of strawberries went up, but someone bought strawberry futures cheaply? An American will settle for money, but a Frenchman or German will show up at the warehouse with the bailiff and seize the goods. You'll find people who hate dealing with Americans. They squirm and won't perform if pressed, it's like nailing pudding to the wall! You have commitments yourself and don't want to scramble for strawberries, otherwise the bailiff will show up at your own offices. You can say that Bitcoin is Anglo-American because they want Bitcoin to be independent of the real world, no law, just "smart contracts". No wonder that some people shake their heads.

vageli 8y ago
> In the Anglo-American legal sphere you usually settle for compensation, it's the only means at your disposal, whereas in continental Europe (Code civil or BGB) there are legal ways to compel performance as written. Price of strawberries went up, but someone bought strawberry futures cheaply? An American will settle for money, but a Frenchman or German will show up at the warehouse with the bailiff and seize the goods. Specific performance [0] does in fact exist in the U.S, so I'm not sure what you mean. [0]: https://en.m.wikipedia.org/wiki/Specific_performance https://en.m.wikipedia.org/wiki/Specific_performance
- HarryHirsch 8y ago
  From the Wikipedia article that you quoted: It is typically available in the sale of land, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service It's a problem, I can tell you. If you've been brought up in a world where people usually perform and you encounter an American who underperforms and then wants to haggle you are going to be angry. Right now I'm involved in a dispute with my former landlord who rented out substandard housing, and it looks as if my remedies are very limited. Moving is a great hassle and isn't cheap.

vageli 8y ago

> In the Anglo-American legal sphere you usually settle for compensation, it's the only means at your disposal, whereas in continental Europe (Code civil or BGB) there are legal ways to compel performance as written. Price of strawberries went up, but someone bought strawberry futures cheaply? An American will settle for money, but a Frenchman or German will show up at the warehouse with the bailiff and seize the goods. Specific performance [0] does in fact exist in the U.S, so I'm not sure what you mean. [0]: https://en.m.wikipedia.org/wiki/Specific_performance https://en.m.wikipedia.org/wiki/Specific_performance

HarryHirsch 8y ago
From the Wikipedia article that you quoted: It is typically available in the sale of land, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service It's a problem, I can tell you. If you've been brought up in a world where people usually perform and you encounter an American who underperforms and then wants to haggle you are going to be angry. Right now I'm involved in a dispute with my former landlord who rented out substandard housing, and it looks as if my remedies are very limited. Moving is a great hassle and isn't cheap.