{"title":"The award of an agreed sum","authors":"A. Burrows","doi":"10.1093/oso/9780198705932.003.0028","DOIUrl":null,"url":null,"abstract":"The award of an agreed sum is a remedy which protects the promisee’s expectations by enforcing the defendant’s contractual promise to pay a sum of money. As such, its justification ultimately rests on the morality of promise-keeping. The remedy can be regarded as a hybrid, being like damages in that it is common law and monetary but like specific performance in that its function is to compel performance of a positive contractual obligation.","PeriodicalId":273138,"journal":{"name":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","volume":"120 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/oso/9780198705932.003.0028","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The award of an agreed sum is a remedy which protects the promisee’s expectations by enforcing the defendant’s contractual promise to pay a sum of money. As such, its justification ultimately rests on the morality of promise-keeping. The remedy can be regarded as a hybrid, being like damages in that it is common law and monetary but like specific performance in that its function is to compel performance of a positive contractual obligation.