Dear Colleagues:
Congratulations go out to ODGer David Winteron on the publication
of
Money Awards in Contract Law with Hart:
http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464574.
If you enter 'email list' in the voucher code field you will receive
a 10% discount when ordering. Here is the book description:
The quantification of
contractual money awards is a topic of both significant
theoretical interest and immense practical importance. Recent
debates have ranged from the availability of gain-based relief
to the basis for principles of remoteness and mitigation. While
these and other important issues, such as the recovery of
damages for non-pecuniary loss, are touched upon, the book’s
principal objective is to challenge the conventional
interpretation of the principle generally acknowledged to govern
this area of the law, which Parke B famously laid down in Robinson
v Harman. According to this conventional interpretation,
the objective of all money awards given in accordance with the Robinson
v Harman principle is simply to ‘compensate’ the promisee
for the ‘loss’ that can be attributed to the promisor’s failure
to perform as promised.
After challenging this
orthodoxy, Dr Winterton proposes a new understanding of the Robinson
v Harman principle, which draws an important distinction
between money awards that substitute for the performance
promised and money awards that aim to make good certain
detrimental factual consequences that can be attributed to a
promisor’s breach. In exploring the significance of this
distinction, the different principles underpinning the
quantification and restriction of each kind of award are
explored in addition to some important theoretical issues such
as the effect that the occurrence of a breach has on the rights
generated by contract formation. The book’s unifying objective
is to outline a coherent picture of the law of contractual money
awards. It will be of interest to judges, practitioners and
academics alike.
Sincerely,
--
Jason Neyers
Professor of Law
Faculty of Law
Western University
N6A 3K7
(519) 661-2111 x. 88435