Nominal and Punitive Remedies in English Contract. Theory and Doctrine

This article examines the theoretical controversies surrounding nominal and punitive remedies for breach of contract and considers whether English contract law doctrine can offer a solution to those controversies. From a theoretical perspective, the article defines nominal and punitive remedies, identifies the differences between the two, and determines the possible forms which each may take. The article then examines different theoretical perspectives on when, if ever, nominal and punitive remedies should be available. From a doctrinal perspective, the article argues that the common law is of limited assistance in resolving these theoretical questions, and suggests that the uncertainties and inconsistencies in English case law are best understood as reflecting the underlying theoretical uncertainty.