Remedies for Breach of Contract: A Comparative Analysis of the Protection of PerformanceA 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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Remedies for Breach of Contract: A Comparative Analysis of the Protection of ... Solène Rowan No preview available - 2012 |
Common terms and phrases
agreed allow appear approach availability award breach of contract Bull civ chapter circumstances Civil claim clauses Code common Comparative compensation compensatory damages consequences consideration considered context contract law contracting parties cost of cure court decision defaulting promisor deterrence droit effect enforcement England English law example exception existing France French law further gain give given granted House injunctions injured promisee Insurance introduction judicial limited Lord loss means measure mitigation nature objection obligations operative Oxford Paris particular penalty clauses performance interest possible potential practice principle profits proposals protection punishment punitive damages reason recent reference reform refusal regarded regime relation relatively remedies for breach requirement respect result RTD civ rule scope specific performance specific relief specific remedies suffered suggested termination third party tion tort Whilst Whittaker