Substitutionary Relief in Money: General Principles

G. H. Treitel

in Remedies for Breach of Contract

Published in print October 1988 | ISBN: 9780198255000
Published online March 2012 | e-ISBN: 9780191681554 | DOI:
Substitutionary Relief in Money: General Principles

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This chapter discusses the basic principles relating to the assessment of damages. The most important of these principles are as follows. First, damages are compensatory and are awarded to protect certain recognized interests of the plaintiff. Secondly, the interest most generally protected is that which the plaintiff has in the performance of the contract. That is, he is entitled to be placed, so far as money can do it, into a position as good as that in which he would have been if the contract had been performed. The third main principle is that all the systems under discussion stop short of fully protecting these interests. The object of fully compensating the plaintiff must often give way to the generally felt need to lay down certain limits beyond which the defendant will not be held liable.

Keywords: damages; compensatory principle; contract; substitutionary relief

Chapter.  29712 words. 

Subjects: Civil Law

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