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European Contract LawScots and South African Perspectives$
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Hector MacQueen and Reinhard Zimmermann

Print publication date: 2006

Print ISBN-13: 9780748624256

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748624256.001.0001

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Specific Performance and Special Damages

Specific Performance and Special Damages

Chapter:
(p.249) 10 Specific Performance and Special Damages
Source:
European Contract Law
Author(s):

Sieg Eiselen

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748624256.003.0010

This chapter examines specific performance and special damage, two remedies commonly available after a breach of contract in Scotland and South Africa. It explains that specific performance provides an instance where the civil law and the common law depart from directly opposing points of view, while the rules on special damages provide an instance where there is a large measure of convergence between common law and civil law. The chapter compares these remedies under the contract law in Scotland and South Africa, and considers the relevant provisions of the Principles of European Contract Law (PECL).

Keywords:   specific performance, special damage, breach of contract, Scotland, South Africa, civil law, common law, PECL

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