Remedies for Breach of Contract: A Comparative Analysis of the
Protection of Performance (Oxford University Press, 2012)
A
thought-provoking analysis of remedies for breach of
contract, this book examines the commitment of English law
to the protection of contractual performance. It considers
specific remedies, termination, compensatory damages,
gain-based monetary awards, punitive damages, and
contractually negotiated remedies. It also looks forward by
considering how the protection of performance could be
strengthened in the future.
Winner of the Society of Legal Scholars Peter Birks Prize
for Outstanding Legal Scholarship 2012 (first prize)
Runner-up, 2015 New Author's Inner Temple Book Prize
Based on a thesis that was awarded the Yorke Prize of the
University of Cambridge in 2009.
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‘Remedies for Breach of Contract – Report on French Law’ in P Giliker, B Gsell,
T Ruefner (eds), Remedies for Breach of contract in Europe, The Common Core
of European Contract Law (Cambridge University Press) [FORTHCOMING]
'Conditions – Art 5.3.1-5.3.5’ in S Vogenauer (ed), Commentary on the
UNIDROIT Principles of International Commercial Contracts (Oxford University
Press, 2015)
‘Moral Damages – Report on French Law’ in V Palmer (ed), The Recovery of
Non-Pecuniary Loss in European Contract Law (Cambridge
University Press, 2015)
'Fault and Breach of Contract: a Comparative Analysis' European Business Law
Review (2011) 22 (4) pp.467-493
'Reflections on the Introduction of Punitive Damages for Breach of Contract'
Oxford Journal of Legal Studies, 2010, pp. 495-517
Following the recognition by the House of Lords in AG v
Blake of the gain-based remedy of an account of profits in a contractual
context, an increasing number of commentators have argued that the English
remedial regime for breach of contract should be further reinforced by the
introduction of punitive damages. This article considers whether there may be a
role for punitive awards in contract law. It seeks to demonstrate that the
adoption of punitive damages, without wider reform of the existing remedial
regime, may lead to inconsistencies. The reason is that English contract law has
generally shown reluctance to view contractual default as being reprehensible or
the motive for breach as materially relevant. Legal intervention in particular
defined circumstances by way of regulation may be more appropriate than punitive
awards. Support for the conclusion that caution should be exercised before
reform is undertaken is also drawn from recent developments in France, where the
introduction of punitive damages has been proposed as part of a project to
reform the Civil Code.
click here for full text via OUP [ON CAMPUS]
click here for full text via OUP [OFF CAMPUS]
'For the Recognition of Remedial Terms Agreed Inter Partes' Law Quarterly
Review, 2010, pp. 448-475
'La Nouvelle Limite Posée à l'Exécution Forcée en Nature par l'Avant-Projet de
la Chancellerie' Revue de l'Université Panthéon-Assas, 2010 , pp.81-84
'L'Introduction des Dommages et Intérêts Punitifs en Droit Français : Etude
Comparative' in John Cartwright, Stefan Vogenauer, Simon Whittaker Regards
Comparatistes sur l'Avant-Projet de Reforme du Droit des Obligations et de la
Prescription (Société de Législation Comparée: 2010) pp. 353-374
'Comparative Observations on the Introduction of Punitive Damages in French Law'
in J Cartwright, S Whittaker & S Vogenauer (Ed), Reforming the French Law of
Obligations (Hart: 2009), pp.325-344
'Protecting Contractual Expectations: an Australian Perspective' Cambridge Law
Journal, 2009, p. 276- 278
'Mitigation of Damage: A French Perspective' International & Comparative Law
Quarterly, 2006, pp.205-218
