Wednesday 1 December 2010 at 12:30

Obligations Discussion Group
‘Damages and the Right to Performance: A Golden Victory or Not?’

Speaker: Professor Robert Stevens, Professor of Commercial Law at UCL

Venue: Oxford Law Faculty SCR

The paper explains the role of ‘substitutive damages’ in torts and breach of contract. Substitutive damages vindicate the right to performance which has been infringed, rather than compensate for loss suffered as a result of the infringement. The paper argues that this analysis provides the best explanation for many difficult cases, including The Mediana, Slater v Hoyle, Ruxley v Forsyth, and Wrotham Park; further, it is possible to reconcile the availability of substitutive damages with the decision of the majority of the House of Lords in The Golden Victory.

Open to All faculty members and graduate students

For more information please contact: Andrew Dyson


Interested in this subject? View our Commercial Law page.


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