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Vol 22 No 7 July/August 2017

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Money Awards in Contract Law


ISBN13: 9781849464574
Published: June 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00
Paperback edition not yet published, ISBN13 9781509917051



Despatched in 5 to 7 days.

Also available as
£41.66
+ £8.33 VAT

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

Series: Hart Studies in Private Law

Resulting Trusts ISBN 9781849465489
To be published August 2018
Hart Publishing
£80.00
Legislation and Reform in the Law of Obligations ISBN 9781849463188
To be published May 2018
Hart Publishing
£70.00
The Irreducible Core of the Trust ISBN 9781782257172
To be published April 2018
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£60.00
The Duty of Care in Negligence ISBN 9781509914845
To be published February 2018
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The Law of Misstatements: 50 Years On from Hedley Byrne v Heller ISBN 9781509917679
To be published November 2017
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£34.99
Money Awards in Contract Law ISBN 9781509917051
To be published September 2017
Hart Publishing
£27.99
Rationalising Constructive Trusts ISBN 9781849465960
To be published September 2017
Hart Publishing
£90.00
Causation in Negligence ISBN 9781509905034
To be published August 2017
Hart Publishing
£24.99
Accessory Liability ISBN 9781509914104
Published May 2017
Hart Publishing
£29.99
Equity, Trusts and Commerce ISBN 9781509907298
Published May 2017
Hart Publishing
£85.00
Equity, Trusts and Commerce (eBook) ISBN 9781509907304
Published May 2017
Hart Publishing
£70.82 + £14.17 VAT
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Equitable Compensation and Disgorgement of Profit (eBook) ISBN 9781509901463
Published April 2017
Hart Publishing
£66.66 + £13.33 VAT
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Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
Published April 2017
Hart Publishing
£80.00
Tort Law and Human Rights 2nd ed (eBook) ISBN 9781509913176
Published February 2017
Hart Publishing
£62.49 + £12.50 VAT
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Tort Law and Human Rights 2nd ed ISBN 9781841139074
Published February 2017
Hart Publishing
£75.00
Private Law in the 21st Century (eBook) ISBN 9781509908592
Published January 2017
Hart Publishing
£91.66 + £18.33 VAT
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Negligence and Illegality (eBook) ISBN 9781509906673
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£49.99 + £10.00 VAT
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Private Law in the 21st Century ISBN 9781509908585
Published January 2017
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£110.00
Negligence and Illegality ISBN 9781509906666
Published January 2017
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£60.00
Private Law and Power ISBN 9781509905997
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£75.00
Private Law and Power (eBook) ISBN 9781509906000
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£62.49 + £12.50 VAT
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Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781782258391
Published October 2016
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£70.00
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A Theory of Tort Liability ISBN 9781509903184
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A Theory of Tort Liability (eBook) ISBN 9781509903191
Published June 2016
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Tort Law Defences ISBN 9781509905027
Published April 2016
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£30.00
Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
Published March 2016
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£45.82 + £9.17 VAT
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Evidential Uncertainty in Causation in Negligence ISBN 9781849467049
Published March 2016
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£55.00
Defences in Unjust Enrichment ISBN 9781849467254
Published January 2016
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£80.00
Defences in Unjust Enrichment (eBook) ISBN 9781782256359
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£66.66 + £13.33 VAT
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Contractual Indemnities ISBN 9781509905010
Published December 2015
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£38.99
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Money Awards in Contract Law (eBook) ISBN 9781782252962
Published June 2015
Hart Publishing
£41.66 + £8.33 VAT
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Accessory Liability ISBN 9781849462877
Published January 2015
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£65.00
Accessory Liability (eBook) ISBN 9781849469579
Published January 2015
Hart Publishing
£24.99 + £5.00 VAT
(ePub)
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Causation in Negligence (eBook) ISBN 9781782255215
Published December 2014
Hart Publishing
£20.82 + £4.17 VAT
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Causation in Negligence ISBN 9781849463317
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Hart Publishing
£60.00
Contractual Indemnities ISBN 9781849462907
Published April 2014
Hart Publishing
£90.00
Contractual Indemnities (eBook) ISBN 9781782253891
Published April 2014
Hart Publishing
£32.49 + £6.50 VAT
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The Europeanisation of English Tort Law ISBN 9781849463195
Published March 2014
Hart Publishing
£50.00
The Europeanisation of English Tort Law (eBook) ISBN 9781782253808
Published March 2014
Hart Publishing
£41.66 + £8.33 VAT
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Law of Private Nuisance (eBook) ISBN 9781782253402
Published September 2013
Hart Publishing
£33.32 + £6.67 VAT
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Law of Private Nuisance ISBN 9781849465069
Published September 2013
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£40.00
Iniuria and the Common Law ISBN 9781849465038
Published August 2013
Hart Publishing
£60.00
Iniuria and the Common Law (eBook) ISBN 9781782253389
Published August 2013
Hart Publishing
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Tort Law Defences ISBN 9781849462914
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Tort Law Defences (eBook) ISBN 9781782251897
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£24.99 + £5.00 VAT
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£54.16 + £10.83 VAT
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Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer ISBN 9781849462235
Published July 2013
Hart Publishing
£65.00
£62.49 + £12.50 VAT
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Restitution of Overpaid Tax (eBook) ISBN 9781782251224
Published April 2013
Hart Publishing
£99.99 + £20.00 VAT
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Restitution of Overpaid Tax ISBN 9781849461733
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£120.00
Informal Carers and Private Law (eBook) ISBN 9781782250470
Published December 2012
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
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Informal Carers and Private Law ISBN 9781849462815
Published December 2012
Hart Publishing
£75.00
Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
Published July 2012
Hart Publishing
£85.00
Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
Published July 2012
Hart Publishing
£70.82 + £14.17 VAT
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Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
Published May 2012
Hart Publishing
£70.00
£58.33 + £11.66 VAT
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Fault Lines in Equity ISBN 9781849462198
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£85.00
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