Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-skm99 Total loading time: 0 Render date: 2024-04-29T00:06:11.225Z Has data issue: false hasContentIssue false

7 - Enforcement

Published online by Cambridge University Press:  07 September 2011

Stephen Waddams
Affiliation:
University of Toronto
Get access

Summary

‘It is the general intention of the law’, said Lord Atkinson in 1911, ‘that, in giving damages for breach of contract, the party complaining should, so far as it can be done by money, be placed in the same position as he would have been in if the contract had been performed’, adding confidently: ‘That is a ruling principle. It is a just principle.’ This rule, or principle, was not new in 1911. It had been stated as a rule in 1848, but it was not new even then, having been formulated only for the purpose of finding that an exception to it did not apply. Lord Atkinson's formulation was made not for the purpose of enlarging the damages available for breach of contract, but for the purpose of rejecting an excessive claim. It is significant that he said not only that it was a ‘ruling principle’, but also that it was a ‘just principle’, for general considerations of justice were prominent in the case. In rejecting the plaintiff's claim, Lord Atkinson said that ‘one cannot but feel that the reasoning which leads to results so unjust and anomalous must be fallacious’.

Type
Chapter
Information
Principle and Policy in Contract Law
Competing or Complementary Concepts?
, pp. 172 - 208
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Fuller, LPerdue, W 1936
Atiyah, P.S 1978
Baker, J.H 1679
Simpson, A.W.B 1975
Farnsworth, E.A 1979
Birks, P. 2000
Birks, P. 2000
Birks, P.The Remedial Constructive Trust 1999 681
Waddams, 2001 Pattenden, R
Greenawalt, K 1975
Sharpe, R.J 1998
1981 Robertson, A
1933
2010
Birks, P 2001
Burrows, A 2004
1962
Waddams, S 2000
2007 2008 th
Farnsworth, E.A 1985
Birks, P 1997
Sharpe, R.JWaddams, S.M 1982
2006

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Enforcement
  • Stephen Waddams, University of Toronto
  • Book: Principle and Policy in Contract Law
  • Online publication: 07 September 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9781139005302.008
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Enforcement
  • Stephen Waddams, University of Toronto
  • Book: Principle and Policy in Contract Law
  • Online publication: 07 September 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9781139005302.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Enforcement
  • Stephen Waddams, University of Toronto
  • Book: Principle and Policy in Contract Law
  • Online publication: 07 September 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9781139005302.008
Available formats
×