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6 - Contractual remedies

Published online by Cambridge University Press:  05 August 2011

Martin Hogg
Affiliation:
University of Edinburgh
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Summary

The field of remedies provides fertile ground for analysing whether legal systems have a high regard for the promises made by parties to a contract, or indeed the promises made by a unilateral promisor (the same remedies generally being available for such promises), or whether instead what is sought is the achievement of goals other than promissory ones.

One would expect a high regard for promise in any legal system to be reflected both in a ready availability of remedies designed to secure actual enforcement of what has been promised (whether the performance promised was an act or forbearance from an act) as well as in substitutionary remedies which reflect, so far as is possible in substitutionary form, the so-called ‘performance interest’ of the parties (as defined below). If, however, enforcement of performance is an exceptional remedy, or if substitutionary remedies do not achieve the equivalent of enforcement but protect instead some other interest of the promisee, doubts must be raised as to whether a high regard for the value of promise is a hallmark of the system in question.

Type
Chapter
Information
Promises and Contract Law
Comparative Perspectives
, pp. 334 - 427
Publisher: Cambridge University Press
Print publication year: 2011

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  • Contractual remedies
  • Martin Hogg, University of Edinburgh
  • Book: Promises and Contract Law
  • Online publication: 05 August 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511895050.008
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  • Contractual remedies
  • Martin Hogg, University of Edinburgh
  • Book: Promises and Contract Law
  • Online publication: 05 August 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511895050.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Contractual remedies
  • Martin Hogg, University of Edinburgh
  • Book: Promises and Contract Law
  • Online publication: 05 August 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511895050.008
Available formats
×