Breach of Contract and Damages for Non-Pecuniary Loss

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Abstract

The purpose of this article is to investigate whether non-pecuniary interests of the parties should be protected in contract law and what should be the scope of such protection. The article sheds light on the theoretical framework of contract remedies and claims that the compensability of non-pecuniary loss is necessary for an adequate protection of the interests of the parties to a contract. It further investigates the policy arguments against the recoverability of non-pecuniary loss in contract law and argues that such arguments cannot be considered a sufficient justification for a bar to compensation of moral damages. Finally, based on a survey of case law from several European jurisdictions, the article provides insight into the kinds of non-pecuniary consequences that may arise from a breach of contract.
Original languageEnglish
Pages (from-to)515-535
Number of pages21
JournalEuropean Review of Private Law
Volume26
Issue number4
Publication statusPublished - 1 Sep 2018

Keywords

  • contract law
  • damages
  • non-pecuniary loss
  • breach of contract
  • remedies

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