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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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Termination for Breach of Contract

Termination for Breach of Contract

Chapter:
(p.70) 2 Termination for Breach of Contract
Source:
Remedies for Breach of Contract
Author(s):

Solène Rowan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199606603.003.0003

The chapter examines the law of termination for breach of contract in England and France. It shows that the differences between the two jurisdictions are extensive. Whereas English law confers a relatively broad right to terminate on the injured promisee, French law aims to preserve the contractual bond created by the parties. The conclusions drawn from these findings reinforce the argument made in the monograph that the desire to protect contractual performance in England is in many circumstances equivocal. A second and connected conclusion is that the remedial regimes of both English and French law are internally coherent and consistent. Comparison of the English and French approaches to termination for breach of contract also serves to illustrate that the defaulting promisor may himself have an ‘interest in performing’ the contract that is deserving of protection.

Keywords:   termination, interest in performing, anticipatory breach, grace periods, right to cure, French law, civil code, draft common frame of reference

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