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Good Faith and Fault in Contract Law$
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Jack Beatson and Daniel Friedman

Print publication date: 1997

Print ISBN-13: 9780198265788

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198265788.001.0001

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The Choice of Remedy for Breach of Contract

The Choice of Remedy for Breach of Contract

(p.471) 18 The Choice of Remedy for Breach of Contract
Good Faith and Fault in Contract Law

SM Waddams

Oxford University Press

This chapter deals with the choice of remedy for breach of contract. It argues that remedy should be fashioned so as to do justice to both parties. An unrestricted right to specific performance might expose the defendant to extortionate demands and does not accord with the principle of mitigation. The absence of specific performance often reduces the cost of the breach to both parties. Hence, while the availability of specific performance is being expanded, it is important for the courts to retain flexibility and to use discretion so that this remedy is granted only where appropriate.

Keywords:   contract law, remedies, breach, contract, specific performance

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