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Motive Matters!

An exploration of the notion 'deliberate breach of contract' and its consequences for the application of remedies

Book | 1st edition 2013 | United Kingdom | Martijn van Kogelenberg

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.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780681634
Series name Ius Commune Europaeum
Weight 449 g
Status Available
Number of pages xii + 243 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Sep 12, 2013
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of Contents
  • Chapter 1. Introduction
  • Chapter 2. ‘Contract’, ‘breach of contract’ and remedies in contract
  • Chapter 3. Deliberate breach of contract: a notion to be explored, but not defined
  • Chapter 4. Deliberate breach of contract and its influence in (legal) practice on core remedies in contract: an exploration
  • Chapter 5. A framework for solving cases of deliberate breach: four arguments and six recommendations for adaptations in remedies in contract
  • Chapter 6. Eight case studies on deliberate breach of contract: the pudding and the eating
  • Chapter 7. Summary
  • References
  • Index