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Money Awards in Contract Law

Money Awards in Contract Law

Money Awards in Contract Law

Author: David Winterton
Publisher: Hart Publishing
ISBN: 9781849464574

Published In: June 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509917051

List Price: AU$234.00

AU$226.98 Save AU$7.02 (3%)

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Description
Contents

Details

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.

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

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