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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Money Awards in Contract Law (Paperback)
Loot Price: R1,355
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Money Awards in Contract Law (Paperback)
Series: Hart Studies in Private Law
Expected to ship within 18 - 22 working days
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The quantification of contractual money awards is a topic of both
significant theoretical interest and immense practical importance.
Recent debates have ranged from the availability of gain-based
relief to the basis for principles of remoteness and mitigation.
While these and other important issues, such as the recovery of
damages for non-pecuniary loss, are touched upon, the book's
principal objective is to challenge the conventional interpretation
of the principle generally acknowledged to govern this area of the
law, which Parke B famously laid down in Robinson v Harman.
According to this conventional interpretation, the objective of all
money awards given in accordance with the Robinson v Harman
principle is simply to 'compensate' the promisee for the 'loss'
that can be attributed to the promisor's failure to perform as
promised. After challenging this orthodoxy, Dr Winterton proposes a
new understanding of the Robinson v Harman principle, which draws
an important distinction between money awards that substitute for
the performance promised and money awards that aim to make good
certain detrimental factual consequences that can be attributed to
a promisor's breach. In exploring the significance of this
distinction, the different principles underpinning the
quantification and restriction of each kind of award are explored
in addition to some important theoretical issues such as the effect
that the occurrence of a breach has on the rights generated by
contract formation. The book's unifying objective is to outline a
coherent picture of the law of contractual money awards. It will be
of interest to judges, practitioners and academics alike. Nominated
for the 2018 St Petersburg International Legal Forum Private Law
Prize!
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