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DIFFICULTIES WITH DAMAGES AS A GROUND FOR SPECIFIC PERFORMANCE

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Abstract:

“How do we know when damages are hard enough to quantify to be an inadequate remedy?” This question will be addressed below, where it will be argued that the real question to be asked in each case is not “how difficult is it?“ but rather “how is it difficult?“ to quantify damages. It will further be argued that the difficulty in quantification factor was not rejected in Bronx at all and that quantification difficulties also underlie the award of nominal damages in breach of contract cases, and are at least a factor in explaining the uniqueness of subject matter head.

Keywords: Bronx case; Damages; Quantifying Damages; breach of contract

Document Type: Research Article

Publication date: January 1, 1999

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  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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