
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.
This book investigates the extent to which English contract law prioritizes the protection of performance over alternative remedies for breach. Solène Rowan, a legal scholar, utilizes a comparative framework to evaluate English legal doctrines against the backdrop of French civil law. By analyzing specific remedies such as compensatory damages, gain-based awards, and punitive measures, the author challenges established norms and proposes potential avenues for future legal reform.
What You Will Find
Scope Limits
Legal scholars and practitioners recognize this work as a significant contribution to comparative contract law. Readers frequently note the academic density of the prose, which serves as a rigorous resource for those studying the evolution of contractual remedies.
Page Count:
292
Publication Date:
2012-01-01
Publisher:
OUP Oxford
ISBN-10:
0191630055
ISBN-13:
9780191630057
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