Volume 24, Issue 4 (2020)
CLR 2020, 24(4): 169-197 |
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nematollahi E. Restitution as Damages for Breach of Contract in Common Law and Iranian Law. CLR 2020; 24 (4) :169-197
URL: http://clr.modares.ac.ir/article-20-47260-en.html
URL: http://clr.modares.ac.ir/article-20-47260-en.html
Associate Professor of Private Law, Faculty of Law, University of Qom, Qom, Iran , esmail_nematollahi@yahoo.com
Abstract: (2193 Views)
In Common Law system, the aggrieved party could recover benefits delivered to the breaching party as remedy for breach of contract. In normal contract damages, the defendant must compensate the plaintiff for losses suffered as the result of breach; while restitution damages seeks to prevent unjust enrichment by the breaching party and serves this purpose by restoring the gains received by the defendant to plaintiff. In Iranian law, restitution arises in cases of voluntary or involuntary dissolution of contract and in some cases may serve as damages. The research reveals that, notwithstanding some differences in particulars, there many similarities between the two systems in the subject under discussion.
Keywords: breach of contract, contractual liability, gain-based damages, law of restitution, loss-based damages.
Article Type: Original Research |
Subject:
Comparative Law
Received: 2020/10/31 | Accepted: 2021/02/16 | Published: 2021/03/10
Received: 2020/10/31 | Accepted: 2021/02/16 | Published: 2021/03/10
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