Economics, Econometrics and Finance
3 years ago

Victims of Contract Breaches Poised for Fairer Compensation Under New Reforms

SSRN Electronic Journal
Comparative Analysis of the Relationship Between Damages, The Binding Force of the Contract and Efficiency of the Remedy for Non-Performance: The Case of Lucrative Breach in US Common Law and French Civil Law
Frank Giaoui

Paper Summary

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The article discusses how damages are awarded in contract law, comparing US and French legal systems. French law focuses on protecting the contract, while US law prioritizes compensating the victim of non-performance. The author suggests a more flexible approach to compensation, drawing on American legal practices. This could lead to fairer and more predictable outcomes for parties involved in contract disputes.