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Remedies for Breach of Contract:A Comparative Analysis of the Protection of Performance
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Remedies for Breach of Contract:A Comparative Analysis of the Protection of Performance

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Overview
Published 26 Jan 2012 (OUP)
ISBN: 9780199606603. Hard Cover, 296 pages.
Description

Solene Rowan 

 

  • Based on a thesis that was awarded the Yorke Prize by the University of Cambridge 
  • Presents a clear and comprehensive survey of the English law of remedies 
  • Challenges the fundamentals of English law in the area of contractual remedies through the comparative study of French law and makes suggestions as to possible reform 
  • Analyses key recent developments in both English and French remedies, and addresses the ongoing reform process in European contract law 

A thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. 

 

It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future. The book approaches English law remedies for breach of contract through the comparative study of French law, which offers significant scope for informative contrast. It sheds new light on contractual remedies in both jurisdictions and challenges fundamental aspects of English law in this area. With coverage of lively academic debates and recent developments in the case law on both sides of the Channel, the book discusses topical issues. 

There is also commentary on aspects of two recent far-reaching reform projects relating to the French Civil code and of the Draft Common Frame of Reference. Indispensable reading for private lawyers from common and civil law backgrounds with an interest in remedies for breach of contract, whether comparatists or not, the book should prove to be an invaluable resource for students, academics and practitioners on the current state and future reform of the law in this area. 

Readership: Scholars and students of contract law; judges and legal practitioners working in contract law. 

About the Author

Solène Rowan, Fellow and College Lecturer in Law at Queens' College, University of Cambridge Dr Solène Rowan is a Fellow and College Lecturer in Law at Queens' College, University of Cambridge. She has previously been a visiting lecturer at the universities of Oxford, Paris II (Panthéon-Assas) and Osaka Gakuin. She studied law at King's College, London, Paris I (Panthéon-Sorbonne) and the University of Cambridge, and is a non-practising solicitor. 

Table of Contents

Part I: The Specific Enforcement and the Discharge of Primary Obligations 

1: Compulsion 

2: Termination for Breach of Contract 

Part II: The Secondary Obligation to Pay Damages 

3: Compensation 

Part III: Enhancing the Protection of the Performance Interest 

4: Punishment and Deterrence 

5: Agreed Remedies


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