Chapter

Specific Performance and Special Damages

Sieg Eiselen

in European Contract Law

Published by Edinburgh University Press

Published in print February 2006 | ISBN: 9780748624256
Published online March 2012 | e-ISBN: 9780748651429 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748624256.003.0010
Specific Performance and Special Damages

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This chapter examines specific performance and special damage, two remedies commonly available after a breach of contract in Scotland and South Africa. It explains that specific performance provides an instance where the civil law and the common law depart from directly opposing points of view, while the rules on special damages provide an instance where there is a large measure of convergence between common law and civil law. The chapter compares these remedies under the contract law in Scotland and South Africa, and considers the relevant provisions of the Principles of European Contract Law (PECL).

Keywords: specific performance; special damage; breach of contract; Scotland; South Africa; civil law; common law; PECL

Chapter.  13907 words. 

Subjects: Company and Commercial Law

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