COURT’S AUTHORITY TO REDRESS DAMAGE FOR BREACH OF THE CONTRACTUAL OBLIGATION IMPLIED IN IRAQI & ENGLISH LAW

Abstract

This research examined, through study and comparative analysis, the court’s authority to redress the damage resulting from the breach of the implied contractual obligation. The research showed that the implied obligations, although not explicitly stipulated in the contract, are an integral part of it.The study showed that the court has an essential role in revealing these obligations and proving Breach of it, and then assessing the damage and compensating it in a manner consistent with the principles of justice and protecting the interests of contractors the research also showed that the court exercises this authority within certain limits, so that it does not create new obligations, and does not exceed the principle of the authority of will, taking into account the balance of the contractual relationship and not burdening one of the parties with burdens that he did not accept.Based on this, the research concluded the need to enhance judges’ understanding of the role of implicit obligations.Its impact on the stability of transactions, and the importance of directing consistent jurisprudence that enshrines the protection of rights arising implicitly in contracts.