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Remedies for Breach of ContractA Comparative Analysis of the Protection of Performance$
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Solène Rowan

Print publication date: 2012

Print ISBN-13: 9780199606603

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199606603.001.0001

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Compulsion

Compulsion

Chapter:
(p.17) 1 Compulsion
Source:
Remedies for Breach of Contract
Author(s):

Solène Rowan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199606603.003.0002

This chapter considers the specific remedies available in England and France. It shows that, in stark contrast with the position in France where specific remedies are unequivocally the rule, the availability of specific relief in England is limited, with remedies such as specific performance and mandatory injunctions being very much the exception. The chapter shows that a multitude of factors are behind the difference between England and France. The comparatively moderate protection afforded by English law to the performance interest is subjected to scrutiny. Consideration is given to whether the proffered justifications for the narrow availability of key specific remedies are sustainable. By reference to the approach of French law, it is contended in the chapter that, should there be a desire in England to improve protection of the performance interest, this could be achieved partly through the development of these remedies.

Keywords:   specific remedies, specific performance, injunctions, French law, civil code, draft common frame of reference

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