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

Rowan, Solene

Hardcover

ISBN 10: 0199606609 ISBN 13: 9780199606603

Publisher: Oxford University Press, 2012

Synopsis

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.

About this title

About the Author

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-practicing solicitor.

Review

The author does a fine job of describing and comparing the different approaches of the English and French legal systems, and, in doing so, she identifies the jurisprudential differences between the two systems. * Howard Hunter, Journal of Contract Law * A well-written and highly informative contribution to the literature on remedies for breach of contract... Rowan manages to construct a finely balanced view on how the availability of performance-orientated remedies in English law could (and should) be enhanced, without by-passing or interfering with established tenets of English law If you want to read up on contract law, add it to your essential reading list. * Vanessa Mak, Modern Law Review * A masterly survey of the remedies for breach of contract * Professor Richard Hooley, Cambridge Law Journal *

Edition details

• Publisher: Oxford University Press
• Publication date: 2012
• ISBN 10: 0199606609
• ISBN 13: 9780199606603
• Binding: Hardcover
• Language: English
• Edition number: 1
• Number of pages: 296