LEADER 04645nam 22007695 450 001 9910672437503321 005 20251008153628.0 010 $a9783031254529$b(electronic bk.) 010 $z9783031254512 024 7 $a10.1007/978-3-031-25452-9 035 $a(MiAaPQ)EBC7202962 035 $a(Au-PeEL)EBL7202962 035 $a(CKB)26154725300041 035 $a(DE-He213)978-3-031-25452-9 035 $a(PPN)268210357 035 $a(EXLCZ)9926154725300041 100 $a20230215d2023 u| 0 101 0 $aeng 135 $aurcnu|||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aGain-based Remedies for Breach of Contract $eA Comparative Analysis of English and Polish Law /$fby Daniel Zatorski 205 $a1st ed. 2023. 210 1$aCham :$cSpringer International Publishing :$cImprint: Springer,$d2023. 215 $a1 online resource (vi, 167 pages) $cillustrations 311 08$aPrint version: Zatorski, Daniel Gain-Based Remedies for Breach of Contract Cham : Springer International Publishing AG,c2023 9783031254512 320 $aIncludes bibliographical references. 327 $a1. Introduction and Methodology -- 2. Gain-based Remedies for Breach of Contract in General -- 3. Finding Gain-based Remedies under the Compensatory Principles -- 4. Finding Gain-Based Remedies under Restitutionary Principles -- 5. Summary and Conclusions -- 6. Bibliography. . 330 $aThis book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate. This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland. Since the term ?compensation? is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law. In contrast, ?restitution? states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party?s expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions. 606 $aConflict of laws 606 $aConflict of laws 606 $aInternational law 606 $aComparative law 606 $aContracts 606 $aCommon law 606 $aCivil law 606 $aMediation 606 $aDispute resolution (Law) 606 $aArbitration (Administrative law) 606 $aPrivate International Law, International and Foreign Law, Comparative Law 606 $aCommon Contract Law 606 $aCivil Law 606 $aDispute Resolution, Mediation, Arbitration 615 0$aConflict of laws. 615 0$aConflict of laws. 615 0$aInternational law. 615 0$aComparative law. 615 0$aContracts. 615 0$aCommon law. 615 0$aCivil law. 615 0$aMediation. 615 0$aDispute resolution (Law) 615 0$aArbitration (Administrative law) 615 14$aPrivate International Law, International and Foreign Law, Comparative Law. 615 24$aCommon Contract Law. 615 24$aCivil Law. 615 24$aDispute Resolution, Mediation, Arbitration. 676 $a346.42022 676 $a346.42022 700 $aZatorski$b Daniel$01334058 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 912 $a9910672437503321 996 $aGain-Based Remedies for Breach of Contract$93044697 997 $aUNINA