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Remedies for Breach of Contract

  • Neil Andrews
Chapter
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 54)

Abstract

This chapter embraces all the remedies applicable if there has been a breach of contract. Discussion covers the judicial remedies of debt, damages, specific performance, injunctions, and declarations. It should be noted that English law will not enforce an agreement for the payment of a sum which will act as a penalty, that is, the amount agreed to be paid (or other stipulated detriment) is not an acceptable forecast of the actual loss likely to arise from the relevant default and instead the stipulated payment or detriment is disproportionate to the innocent party’s interest in compensation or other legitimate interests. Nor will the courts award punitive damages for breach of contract. The process of forfeiting deposits is also noted. Other topics covered are set-off and limitation of actions.

Keywords

Specific Performance Arbitral Tribunal Unjust Enrichment Contributory Negligence Contractual Duty 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Copyright information

© Springer International Publishing Switzerland 2016

Authors and Affiliations

  • Neil Andrews
    • 1
  1. 1.Faculty of LawCambridgeUK

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