Remedies for Breach of Contract: A Comparative Analysis of the Protection of Performance
Solène Rowan
Abstract
The book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future. English law remedies for breach of contract are considered through the comparative study of French law, which offers significant scope for informative contrast. It sheds new light on contractual remedies in both jurisdictions and challenges fundam ... More
The book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future. English law remedies for breach of contract are considered through the comparative study of French law, which offers significant scope for informative contrast. It sheds new light on contractual remedies in both jurisdictions and challenges fundamental aspects of English law in this area. The book covers recent academic debates and developments in the case law on both sides of the Channel. It also comments on aspects of two recent far-reaching reform projects relating to the French Civil code and of the Draft Common Frame of Reference.
Keywords:
remedies for breach of contract,
performance interest,
specific remedies,
termination,
damages,
deterrence,
punishment - agreed remedies,
comparison,
French law,
civil code,
draft common frame of reference
Bibliographic Information
| Print publication date: 2012 |
Print ISBN-13: 9780199606603 |
| Published to Oxford Scholarship Online: May 2012 |
DOI:10.1093/acprof:oso/9780199606603.001.0001 |