Chapter

Enforced Performance

G. H. Treitel

in Remedies for Breach of Contract

Published in print October 1988 | ISBN: 9780198255000
Published online March 2012 | e-ISBN: 9780191681554 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198255000.003.0003
Enforced Performance

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This chapter begins with a discussion of the concept of enforced performance, which means, in its broadest sense, a process whereby the creditor obtains as nearly as possible the actual subject-matter of his bargain, as opposed to compensation in money for failing to obtain it. It then discusses the availability of enforced performance covering four typical solutions: enforced performance subject to exceptions, enforced performance based on content of obligation, specific performance as a discretionary remedy, and mixed approaches.

Keywords: enforced performance; creditor; obligation; compensation; discretionary remedy

Chapter.  16987 words. 

Subjects: Civil Law

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