Jump to ContentJump to Main Navigation
Good Faith and Fault in Contract Law$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 December 2020

The Choice of Remedy for Breach of Contract

The Choice of Remedy for Breach of Contract

Chapter:
(p.471) 18 The Choice of Remedy for Breach of Contract
Source:
Good Faith and Fault in Contract Law
Author(s):

SM Waddams

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198265788.003.0018

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .