Legal systems continue to become intertwined as economic globalization expands and previously unknown concepts and doctrines are incorporated into particular legal systems. As laws are adapted to accommodate the global economy, many legal systems have become mixed jurisdictions, where remedies for breach of contract include both common and civil law remedies. For delivering nonconforming goods in a contract, the common law provides remedies such as damages and rescission, while the civil law provides for price reduction.
This Article compares the three traditional remedies (damages, rescission, and price reduction) available to an aggrieved party for breach of contractual duty of conformance. When making the comparison between these three remedies, this Article compares the adjusted values and market values at the time of the contract, at the time of the breach, and at the time of the remedy based on the assumption that a rational aggrieved party will select the remedy with superior monetary benefits. The Article includes a table describing in what situations each remedy would be most preferred. Comparing the remedies, the Article suggests that remedies rooted in common law are most often preferable, or as good as, the civil law remedy of price reduction because harmed parties will generally prefer common law remedies.