Agreed Remedies

This chapter makes a suggestion as to how the remedial regime for breach of contract in England might be strengthened. It is argued that contracting parties should be permitted to agree upon the remedies that ensue from a breach of their agreement. In particular, they should be able to include in their contract specific performance and injunctive relief clauses, ‘cost of cure’ clauses, restitution clauses and penalty clauses. The chapter shows that there are no decisive policy objections to the consequences of breach being the subject of contractual determination. Being firmly rooted in the...

This chapter makes a suggestion as to how the remedial regime for breach of contract in England might be strengthened. It is argued that contracting parties should be permitted to agree upon the remedies that ensue from a breach of their agreement. In particular, they should be able to include in their contract specific performance and injunctive relief clauses, ‘cost of cure’ clauses, restitution clauses and penalty clauses. The chapter shows that there are no decisive policy objections to the consequences of breach being the subject of contractual determination. Being firmly rooted in the widely accepted principle of freedom of contract, agreed remedies have the advantage of not necessitating any fundamental overhaul of English law remedies for breach of contract.