From Relief to Compulsion and Back Again in Contract Law

What is it about?

Relief or compulsion are the two classes of remedy granted for a breach of contract. Traditionally English law is considered to favour relief-based remedies whilst French law prefer compulsion-based remedies. This article seeks to challenge this orthodoxy through the analysis of relatively recent changes in both jurisdictions regarding enforced performance in kind. More importantly, the influence that performance in kind has on other contractual remedies and clauses must be taken into account. Both contractual damages and penalty clauses are shaped by the availability of enforced performance in kind. Comparing English and French law shows that these two systems are converging which enables lawyers to anticipate the evolution of their respective jurisdictions.

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Why is it important?

This article revisits the classical comparative view of remedies for breach of Contract in English and French law. It seeks to challenge this view and show future trends.