Motive Matters!

This book argues that motive in committing breach of contract should matter in the application of remedies in contract. Deliberate breach of contract requires a different and sterner answer from the law of contract than any other breach of contract, because equally remedying all breaches of contract threatens parties’ trust in the law of contract.

Author(s):
Martijn van Kogelenberg
Series:
Ius Commune Europaeum
Volume:
114
book | published | 1st edition
September 2013 | xii + 243 pp.

Paperback
€65.-


ISBN 9781780681634


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Details

This book argues that motives for committing breach of contract should matter in the application of remedies in contract. Deliberate breach of contract requires a different and sterner answer from the law of contract than any other breach of contract, because providing equal remedies for all breaches of contract threatens parties’ trust in the law of contract.

This statement should be reflected in the law of remedies in contract. The box of remedies available to the victim of deliberate breach of contract should be designed accordingly. In general, the author argues that the victim of contractual breach should have a stronger right to enforced performance of the contract, and that he should have easier access to damages and receive a larger amount of damages if he is the victim of deliberate breach of contract. The arguments for the chosen approach to deliberate breach of contract are primarily drawn from comparative legal research – mainly in the form of studying court decisions, academic contributions and other common legal sources: in other words, the classic legal approach – and law and economics literature.

Chapters

Table of Contents (p. 0)

Chapter 1. Introduction (p. 1)

Chapter 2. ‘Contract’, ‘breach of contract’ and remedies in contract (p. 7)

Chapter 3. Deliberate breach of contract: a notion to be explored, but not defined (p. 45)

Chapter 4. Deliberate breach of contract and its influence in (legal) practice on core remedies in contract: an exploration (p. 75)

Chapter 5. A framework for solving cases of deliberate breach: four arguments and six recommendations for adaptations in remedies in contract (p. 159)

Chapter 6. Eight case studies on deliberate breach of contract: the pudding and the eating (p. 183)

Chapter 7. Summary (p. 205)

References (p. 217)

Index (p. 237)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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