Obtaining an Adequate Remedy
In Chapter 20 the point was made that the law of contract is not wholeheartedly committed to the protection of the plaintiff’s expectation interest and that a damages award may therefore undercompensate the plaintiff. We also noted that such undercompensation throws into doubt the claim that contract law protects the expectation interest. In this chapter we shall consider the extent to which the law of contract provides alternative remedies or enables contracting parties to incorporate into their contracts clauses which will ensure that the ‘innocent party’ (that is, the party who is not in breach) can obtain an adequate remedy in the event of breach of contract.
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