Title

Comparative contractual remedies

RIS ID

30734

Publication Details

T. D. Musgrave, 'Comparative Contractual Remedies' (2009) 34 (2) University of Western Australia Law Review 300-372.

Abstract

This article compares the remedies used for breach of contract in Anglo- Australian Common Law and in French law. It examines the different emphasis placed by the two legal systems on these remedies, and concludes that the contractual remedies in the Common Law have developed largely in response to economic considerations, whereas those in French law have developed largely in response to moral considerations. The article also examines the historical antecedents of the two systems to explain why this is so.

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