Remedies for Breach of Contract: A Comparative Analysis of the Protection of Performance

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OUP Oxford, Jan 26, 2012 - Law - 296 pages
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A thought-provoking analysis of remedies for breach of contract, this 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. The book approaches English law remedies for breach of contract 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. With coverage of lively academic debates and recent developments in the case law on both sides of the Channel, the book discusses topical issues. There is also commentary on aspects of two recent far-reaching reform projects relating to the French Civil code and of the Draft Common Frame of Reference. Indispensable reading for private lawyers from common and civil law backgrounds with an interest in remedies for breach of contract, whether comparatists or not, the book should prove to be an invaluable resource for students, academics and practitioners on the current state and future reform of the law in this area.

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Table of Cases
Table of Legislation and Other Materials
Termination for Breach of Contract
Circumstances that give risetoa right oftermination at common
A Introduction B The Measure of Damages Awards
Possible Objections to Remedial Terms Agreed Inter Partes
English contractlaw?
Conclusion D Damages for Loss Suffered by Third Parties
E ReformatEuropean Level
Widening theavailability ofspecific remediesin Englishcontract law E Conclusion
Restitution clauses

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About the author (2012)

Dr Solène Rowan is a Lecturer in Law at the London School of Economics. Prior to joining the LSE Solé ne was a fellow and College Lecturer at Queens' College Cambridge. She has held visiting lecturships at the universities of Oxford, Paris II 1(Panthéon-Assas) and Osaka Gakuin. She studied law at King's College, London, Paris I (Panthéon-Sorbonne) and the University of Cambridge, and is a non-practising solicitor.

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