Recoverability of Damages for Non-pecuniary Losses Deriving from Breach of Contract

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Abstract

This is the first article that identifies contracts whose breach could cause non-pecuniary losses. It argues that in all cases where the outcome of the promised performance leads to something other than an enhancement of the promisee’s financial standing, the breach will cause him non-pecuniary losses. This proposition provides greater consistency in the law of contract damages. It provides a powerful argument against the existing notion of partial recovery of non-pecuniary losses and replaces it with a more principled and comprehensive approach that is more closely aligned with the general conceptual framework of contemporary contract law. If the principles identified in the present article are applied, all damages, including those for non-pecuniary losses, will be recoverable when the promisee’s performance interest is not satisfied.
Original languageEnglish
Article numbergqaa062
Number of pages25
JournalOxford Journal of Legal Studies
Early online date6 Jan 2021
DOIs
Publication statusE-pub ahead of print - 6 Jan 2021

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