MacQueen, Hector

English

Discusses the origins of the Draft Common Frame of Reference and assesses the need for further work in particular areas, taking as an example the subject of restitutionary damages for non-performance of a contract. Also assesses the possible relevance of the DCFR in work on African legal unity

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18 A letter sent to stakeholders by the Commission during the process of consultation also 16 Hector L MacQueen and Joe Thomson, Contract Law

18 See the Scottish Law Commission's website, http://www.scotlawcom.gov.uk/html/eighth_programme.php (last checked

22 A 19 A copy of this letter,

23 Evidence of Mr Jonathan Faull, Director General, Justice, Freedom and Security, European Commission, to the House of Lords European Union Committee,

33 See especially two papers by Ralph Cunnington: (1) &quot;The measure and availability of gain-based damages for breach of contract&quot;,

33 The award in cases like Blake is said to be &quot;subjective&quot;, based on the actual gain made by the contract-breaker. But there are other cases where a more &quot;objective&quot; measure is applied.

40 This is a point to which we will return below. 39 See Hector L MacQueen, &quot;Unjustified enrichment, subsidiarity and contract&quot;,

47 The commentary to DCFR III.-3:701 confirms what is apparent from the text: 43

69 Since a general 68 See e.g. Pierre Legrand, &quot;Antivonbar&quot;,

76 How do we know when we have the Portland Oregon: 2003); (with Jorge Fedtke) Engaging with Foreign Law (Hart Publishing,

78 In addition to works by Zimmermann and the present writer cited above at nn 1,

AC 344, as discussed e.g. in Janet O’Sullivan, &quot;Loss and gain at greater depth: the implication of the ruxley decision&quot;, in F Rose (ed) Failure of Contracts: Contractual, Restitutionary and Proprietary Consequences (Hart Publishing,

An example of this latter kind of issue is, I think, what is known in England as restitutionary or gain-based Choices and Codification Problems&quot;,

Eric Clive made clear at the Second World Congress of Mixed Jurisdiction Jurists in Edinburgh in

Gain-Based Damages (above, note 31) 66-93. Cf Andrew Burrows, The Law of Restitution, 2nd edn (Butterworths LexisNexis,

Gain-Based Damages: Contract, Tort, Equity and Intellectual Property (Hart Publishing,

Indeed the Scottish Law Commission, currently preparing its Eighth Programme of Law Reform to run from 2010-2014, has consulted on whether this should include “a Scottish contract code, based on the European draft Common Frame of Reference”.

Remedies for Torts and Breach of Contract, 2nd edn

Restitution and unjust enrichment in Europe”,

The Law of Contract, 12th edn

The Use and Abuse of Unjust Enrichment

The Use of Comparative Law by Courts, XIVth International Congress of Comparative Law,

Unjustified Enrichment (Juta & Co, Cape Town;

The Common Frame of Reference in Europe

The Common Frame of Reference in Europe

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