The victim of a breach of contract may resort to one or more of four remedies: specific enforcement, compensation, refusal to perform and termination. This book discusses these topics from a comparative perspective. The principal contrast is between civil and common law solutions. Contrasts within each group of systems are also pursued, in particular, those between English and American common law and those between French and German civil law. Some related and hybrid systems are also discussed, as are conventions on international sale of goods. The aim is not to give a detailed analysis of particular systems but to identify types of solutions and to consider how far differences in theoretical approach are reflected in practical results.
'This is a book of impressive scope ... and it is of the highest quality. The book is the result of many years of careful and exhaustive research and it underlines Treitel's position as one of the leading international authorities on the law of contract.'
Ewan McKendrick, International and Comparative Law Quarterly 'As always with Professor Treitel, this is an informative and eloquently expressed study.'
Lesley J. Anderson, M5 Ltd., Northern Ireland Legal Quarterly `A major new work in its own right, written by one of the most distinguished academic writers on the law of contract in the English speaking world ... a book of true scholarship which will be an invaluable aid to all lawyers who have to grapple with fundamental legal issues in regard to remedies for breach of contract.' The Law Quarterly Review `This is a masterly and weighty survey of an important topic. No one in England could have done it better. It is very good to have it up to date and ready to hand.' Cambridge Law Journal
Part 1 Fault: cases of strict liability; the borderland of fault and strict liability; fault in relation to other rules affecting remedies. Part 2 Enforced performance: concept and availability of enforced performance. Part 3 Substitutionary relief in money - general principles: the compensatory principle; the interests protected; relationship between expectation, reliance and restitution; bases of assessment. Part 4 Damages for different types of default: delay, non-performance and defective performance; notice of default - civil and common law. Part 5 Methods of limiting damages: foreseeability; causation; judicial discretion; mitigation; "certainty" of damage; specific limitations. Part 6 Payments stipulated by the contract: nature and purposes of penalty clauses; effects and enforceability of penalty clauses; penalty clauses as limitations of liability; deposits and part payments. Part 7 Defence of refusal to perform: classifications of contracts; conditions; order of performance; partial and defective performance; effects and nature of the remedy. Part 8 Termination of the contract: the machinery and grounds for termination; the option to terminate; effects of termination; restrictions on the right to terminate; analogous remedies.