Remedies for Breach of Contract: A Comparative Account

The victim of a breach of contract may resort to one or more of four remedies: specific enforcement, compensation, refusal to perform, and termination. The availability of these remedies may depend on the fault of the party alleged to be in breach. The book discusses these topics from a comparative perspective. The principle contrast is between civil and common law solutions. Contrasts within each group of systems are also pursued, in particular, those between English and American common law and those between French and German civil law. Some related and hybrid systems are also discussed, as are conventions on international sale of goods. The aim is not to give a detailed analysis of particular systems, but rather to identify types of solutions and to consider how far differences in theoretical approach are reflected in practical results.