ABSTRACT

This chapter sets out the rules relating to contract termination and breach of contract. It then describes the remedies that the injured party has available when a breach has occurred. The Common Law remedies are money, damages or payment of the price. The law takes the view that money is almost always an adequate remedy for breach of a commercial contract. Compensation for breach of contract or of the law of obligations is always going to be very much a matter of national policy. In commercial contracts civil law systems take much the same position as English law. French law takes the same position as English law on substantial performance and part performance. Commercial contracts in civil law countries therefore tend to include a termination clause as a matter of course so that the injured party can avoid the time and expense of having to go to court.