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Vol 21 No 11 Nov/Dec 2016

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Money Awards in Contract Law


ISBN13: 9781849464574
Published: June 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £50.00



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The quantification of money awards for breach of contract is a topic of both significant theoretical interest and immense practical importance.

According to this understanding, the usual objective of money awards for breach of contract is to compensate for 'loss' suffered by reference to the position the innocent party would have occupied had the contract been performed.

After challenging this orthodoxy, Dr Winterton proposes a new account of the money awards provided in response to breach of contract which draws an important distinction between substitutionary and compensatory awards.

In exploring this distinction, the book examines the principles underpinning the quantification and restriction of both kinds of award, as well as certain theoretical issues such as the relationship between contractual rights and remedies, and the legitimacy of English law's approach towards the availability of coercive relief. The book's unifying objective is to provide a coherent picture of contractual rights and remedies. It will be of interest to judges, practitioners and academics alike.

Subjects:
Contract Law
Contents:
Part I: The Inadequacy of the Orthodox Understanding of Contractual Money Awards
1. An Overview of the Orthodox Account
2. The Doctrinal Inaccuracy of the Orthodox Account
3. Conceptual and Terminological Difficulties with the Orthodox Account

Part II: A New Account of Contractual Money Awards
4. Foundations of the New Account
5. Money Awards that Substitute for Performance
6. Money Awards that Compensate for Loss

Part III: The New Account in Practice
7. Explaining Some Important Decisions in Tension with the Orthodox Account
8. Defusing Some Potential Doctrinal Objections
Conclusion