Gain-based Remedies for Breach of Contract: A Comparative Analysis of English and Polish Law

Comparative Law › Contract Law

Gain-based Remedies for Breach of Contract: A Comparative Analysis of English and Polish Law

By Daniel Zatorski
Springer International March 2023

Specifications

ISBN-13
9783031254512
Publisher
Springer International
Publication
March 2023
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

This book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate.

This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland.

Table of Contents

1. Introduction and Methodology
2. Gain-based Remedies for Breach of Contract in General
3. Finding Gain-based Remedies under the Compensatory Principles
4. Finding Gain-Based Remedies under Restitutionary Principles
5. Summary and Conclusions
6. Bibliography
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