Ohara & Furukawa, Author at Ohara & Furukawa

February 23, 2016

Is giving a gift a type of contract?

The giving of gifts is also considered a type of contract in Japan. Since these contracts involve one party donating a gift to the other party for nothing in return, Japanese law allows oral gift promises to be cancelled before completion. However, any part of the gift that has already been completed cannot be withdrawn.

February 23, 2016

Does the seller have any obligations to provide a warranty on the products he or she is selling?

Japanese contracts, by default, will include a seller’s warranty. This warranty covers a variety of situations that might arise, such as a third party claiming ownership or a latent defect in the goods.

February 23, 2016

Can a buyer request specific performance of a purchase and sales contract?

Occasionally there are situations where a seller refuses to hand over the purchased product even after the buyer has paid for it. In these cases, once the buyer has proved that the seller breached the contract, the buyer may have the option to enforce the seller’s performance of the contract. This is called “specific performance” of a contract and can be awarded as a remedy instead of money damages in certain cases.

February 23, 2016

Can a buyer force specific performance of a service contract?

Some breached contracts cannot be fixed by having a third party step in and complete the performance. For example, in a contract to tear down a building, it is easy enough for another company to destroy the building if the contracting party refuses. However, what about when a famous painter breaches his contract? Or a singer refuses to perform? In situations where only the contracting party’s performance is acceptable, because only he or she has the required skill or information, the court cannot order substitute performance. Instead, the court will attempt to attach a money value to the service the […]