Solène Rowan

in Remedies for Breach of Contract

Published in print January 2012 | ISBN: 9780199606603
Published online May 2012 | e-ISBN: 9780191738722 | DOI:

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The Introduction defines the term ‘performance’ and sets outs the three objectives of the monograph, namely to assess the extent to which the performance interest is protected in England, to explain the reasons why this level of protection is provided, and to consider how English law might evolve to enhance the protection of the performance interest in the future. It also explains why the three objectives of the book are all approached through comparative analysis of French law. The Introduction provides an outline of the arguments of the monograph. The book submits that the protection afforded to the performance interest in England is equivocal. This is evident from the exceptionality of some key specific remedies (Chapter I), the relatively unfettered availability of termination (Chapter II) and the restrictions on compensatory damages (Chapter III). Notwithstanding these restrictions, the book shows that English courts have lately exhibited willingness to reinforce the protection of the performance interest and considers how remedies could evolve in the future (Chapters IV and V).

Keywords: remedies for breach of contract; performance interest; comparison; French law; specific remedies; termination; damages

Chapter.  6954 words. 

Subjects: Company and Commercial Law

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