review article

A Critical Consideration of Substitutive Awards in Contract Law

Katy Barnett

Abstract

Substitutive accounts of contract damages have burgeoned over the last twenty years. Although these accounts differ in their detail, in broad terms they conceptualise at least some forms of damages for breach of contract as providing a pecuniary substitute either for the claimant’s ‘performance interest’, or a purported right to performance. Such damages are usually distinguished from damages which compensate for pecuniary losses flowing from the breach. David Winterton’s book, Money Awards in Contract Law is a thought-provoking and lucid addition to the literature postulating that there is a substitutive nature to damages awarded for breach of contract. It represents the best ‘hard substitutivist’ account thus far because, unlike other accounts, his analysis accommodates both contract damages measured according to difference in value and cost-of-cure under the substitutionary umbrella.

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Published November 2018
Frequency Bi-Monthly
Volume 81
Issue 6
Print ISSN 0026-7961
Online ISSN 1468-2230