Gain-based Remedies for Breach of Contract: A Comparative Analysis of English and Polish Law

This book explores the issue of unjust enrichment in English contract law and proposes gain-based remedies. It distinguishes between two rationales of compensatory analysis and applies a comparative analysis of these approaches in the context of Polish civil law. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.

Format: Hardback
Length: 167 pages
Publication date: 16 February 2023
Publisher: Springer International Publishing AG

This book delves into a pressing issue in English contract law: addressing the situation where a party is unjustly enriched due to a breach of contract, yet there is no measurable loss incurred by that party. At the core of this book are two significant rulings: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These cases are considered instrumental in establishing gain-based remedies in English contract law. However, the underlying principles governing these remedies remain somewhat ambiguous and subject to ongoing debate.

To shed light on these principles, the book employs a comprehensive analysis, drawing from compensatory and restitutionary approaches. Additionally, a comparative analysis is conducted, comparing these approaches within the framework of the civil law jurisdiction in Poland.

Since the term "compensation" lacks a universal definition, the book distinguishes between two rationales in the compensatory analysis. The first rationale, known as "reparative compensation," aims to provide monetary recompense for actual loss or damage incurred. The second rationale, referred to as "substitutive compensation," seeks to provide a monetary equivalent to a right that a person has been deprived of or denied. Both rationales necessitate the application of a broad notion of loss to ensure the viability of gain-based remedies in both English and Polish law.

In contrast, the book posits that "restitution" serves as a fundamental principle that prohibits a person from profiting from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could potentially be applied under Polish law through the rules of unjust enrichment. However, for this to be feasible, a broader understanding of the subtraction prerequisite, which stipulates that the enrichment must be at the aggrieved party's expense, would be required.

In conclusion, the book concludes that unjust enrichment presents a more natural and intuitive approach to implementing gain-based remedies in civil law. It emphasizes the importance of a comprehensive understanding of the subtraction prerequisite and advocates for a broader perspective on the application of gain-based remedies in Polish law.

Weight: 436g
Dimension: 235 x 155 (mm)
ISBN-13: 9783031254512
Edition number: 1st ed. 2023