By David Winterton
ISBN-10: 184946457X
ISBN-13: 9781849464574
The quantification of cash awards for breach of agreement is a subject of either major theoretical curiosity and large sensible significance. within the united kingdom, fresh debates have ranged from the supply of gain-based awards to the theoretical foundation for ideas of remoteness and mitigation. whereas those and different vital matters - resembling the restoration of repayment for non-pecuniary loss - are touched upon during this booklet, the significant goal is to problem the orthodox realizing of the expectancy precept, as famously laid down by means of Parke B in England's ancient Robinson v Harman. in keeping with this knowing, the standard aim of cash awards for breach of agreement is to make amends for 'loss' suffered, by means of connection with the placement that the blameless get together may have occupied had the agreement been played. After difficult this orthodoxy, the publication proposes a brand new account of the money awards supplied, in accordance with breach of agreement which pulls an incredible contrast among substitutionary and compensatory awards. The booklet offers a coherent photograph of contractual rights and treatments and should be of curiosity to judges, practitioners, and teachers alike. (Series: Hart experiences in inner most legislation) [Subject: agreement legislation, English legislation]
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Download PDF by David Winterton: Money Awards in Contract Law
The quantification of cash awards for breach of agreement is a subject of either major theoretical curiosity and substantial useful significance. within the united kingdom, contemporary debates have ranged from the provision of gain-based awards to the theoretical foundation for ideas of remoteness and mitigation. whereas those and different very important matters - corresponding to the restoration of reimbursement for non-pecuniary loss - are touched upon during this ebook, the valuable aim is to problem the orthodox figuring out of the expectancy precept, as famously laid down via Parke B in England's historical Robinson v Harman.
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Extra info for Money Awards in Contract Law
Sample text
All this is outlined more fully in Chapter 5, where it is explained that, consistent with common sense, in choosing between these two alternatives the law awards the cheaper option. See the discussion at 179–188. 7 As foreshadowed a few paragraphs earlier and explained more fully below, this is a crucial constraint upon the availability of substitutionary awards that both significantly narrows the scope of their operation and explains many of the cases that might be thought to be inconsistent with the new account proposed here.
Part I Part I of the book outlines and challenges English law’s accepted orthodoxy regarding contractual money awards. Chapter 1 outlines the orthodox account according to which in all but the most exceptional circumstances the purpose of a monetary award following a contractual breach is to compensate the innocent party for the ‘loss’ that this breach has caused. In outlining this account, two questions arise. One is the appropriate measure of loss in the contractual context. The other is the proper scope of loss-based recovery.
In particular, this book places significant weight upon the ‘morality’ criterion. Smith distinguishes three different versions of this criterion. The strongest version claims that an interpretative theory must be evaluated partly by reference to the extent to which it presents the law as morally justified. 48 This claim is the basis for significant jurisprudential debates beyond the scope of this book. However, the present work does seek an account that both substantially fits the decided case law and is independently justifiable.
Money Awards in Contract Law by David Winterton
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