Chapter

The Choice of Remedy for Breach of Contract

SM Waddams

in Good Faith and Fault in Contract Law

Published in print August 1997 | ISBN: 9780198265788
Published online March 2012 | e-ISBN: 9780191682964 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198265788.003.0018
The Choice of Remedy for Breach of Contract

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This chapter deals with the choice of remedy for breach of contract. It argues that remedy should be fashioned so as to do justice to both parties. An unrestricted right to specific performance might expose the defendant to extortionate demands and does not accord with the principle of mitigation. The absence of specific performance often reduces the cost of the breach to both parties. Hence, while the availability of specific performance is being expanded, it is important for the courts to retain flexibility and to use discretion so that this remedy is granted only where appropriate.

Keywords: contract law; remedies; breach; contract; specific performance

Chapter.  6987 words. 

Subjects: Civil Law

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