Contract Damages
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Contract Damages
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Author : Djakhongir Saidov
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-05-30
Contract Damages written by Djakhongir Saidov and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-05-30 with Law categories.
This book is a collection of essays examining the remedy of contract damages in the common law and under the international contract law instruments such as the Vienna Convention on Contracts for the International Sales of Goods and the UNIDROIT Principles of International Commercial Contracts. The essays, written by leading experts in the area, raise important and topical issues relating to the law of contract damages from both theoretical and practical perspectives. The book aims to inform readers of current developments, problems, trends and debates surrounding contract damages and reflects an ongoing dialogue on damages among representatives of common law, civil law, mixed and trans-national legal systems. The general issues addressed in the collection include the purpose and scope of damages, the measures of damages, recoverability of losses, methods of limiting damages and the assessment of damages. A special emphasis is placed on the examination of the role of gain-based damages, the meaning and definition of loss, the recoverability of damages for injury to business reputation, the recoverability of legal fees, the rules of mitigation and foreseeability, the dilemma between the 'abstract' and 'concrete' approaches to the calculation of damagesand the relationship between changes in monetary value and the assessment of damages.
Rethinking The Law Of Contract Damages
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Author : Victor P. Goldberg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019-12-27
Rethinking The Law Of Contract Damages written by Victor P. Goldberg and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-27 with Law categories.
In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.
Comparative Remedies For Breach Of Contract
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Author : Nili Cohen
language : en
Publisher: Hart Publishing
Release Date : 2005
Comparative Remedies For Breach Of Contract written by Nili Cohen and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
The book provides a comparative analysis of the law relating to remedies for breach of contract from the viewpoint of various legal systems.
The Law Of Contract Damages
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Author : Adam Kramer QC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
The Law Of Contract Damages written by Adam Kramer QC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
This is the first work to concentrate solely on damages for breach of contract and provides the most comprehensive and detailed treatment of the subject to date. Written by a commercial barrister and academic for both practitioners and scholars, this text explores the familiar principles and the more recent developments of those principles. To assist understanding and practicality, much of the book is arranged by reference to the type of the complaint (such as the mis-provision of services, the non-payment of money, or the temporary loss of use of property), rather than by the more traditional subject-matter specialisms (eg sale of goods, charterparties, surveyor's negligence). Tort decisions are drawn on to the extent that the applicable principles are the same as or usefully similar to those in contract, and there is also detailed coverage of many practically important but often neglected areas, such as damages for lost management time and the proper evidential approach to proving lost profits.
The Law Of Damages In International Sales
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Author : Djakhongir Saidov
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25
The Law Of Damages In International Sales written by Djakhongir Saidov and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.
'Saidov has produced a detailed and highly readable text that considers in turn the methods of limiting damages, the determination of loss and the calculation of damages. It will doubtless become a first point of reference for academics and practitioners alike.' Martin J Doris, Edinburgh Law Review The second edition of this internationally acclaimed book explores damages for breach of an international sales contract, one of the most important and frequently invoked remedies. The focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law. The book draws on the experience of some major legal systems and engages with legal scholarship on the international instruments and on contract damages, providing the most comprehensive, in-depth and thorough examination of damages under the instruments to date. The second edition is updated, reflecting the latest developments in legal thinking on contract damages. It incorporates around 60 new cases and now covers more than 370 cases decided by courts and arbitration tribunals from around the world. The new edition is substantially revised, including new commentary on damages for a documentary breach. Truly international in spirit, this book is analytically rigorous and practically oriented, offering distinctive analyses of, and solutions to, some of the most challenging problems surrounding contract damages.
Remedies For Breach Of Contract
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Author : Solène Rowan
language : en
Publisher: Oxford University Press on Demand
Release Date : 2012-01-26
Remedies For Breach Of Contract written by Solène Rowan and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-26 with Law categories.
Presenting a comprehensive and timely examination of remedies for breach of contract, this text analyses and challenges fundamental features of English contract law.
Accounting For Profit For Breach Of Contract
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Author : Katy Barnett
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-05-31
Accounting For Profit For Breach Of Contract written by Katy Barnett and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-31 with Law categories.
This book defends the view that an award of an account of profits (or 'disgorgement damages') for breach of contract will sometimes be justifiable, and fits within the orthodox principles and cases in contract law. However there is some confusion as to when such an award should be made. The moral bases for disgorgement damages are deterrence and punishment, which shape the remedy in important ways. Courts are also concerned with vindication of the claimant's performance interest, and it is pivotal in these cases that the claimant cannot procure a substitute performance via an award of damages or specific relief. The book argues that disgorgement damages should be available in two categories of case: 'second sale' cases, where the defendant breaches his contract with the claimant to make a more profitable contract with a third party; and 'agency problem' cases, where the defendant promises the claimant he will not do a certain thing, and the claimant finds it difficult to supervise the performance. Moreover, disgorgement may be full or partial, and 'reasonable fee damages' for breach of contract are best understood as partial disgorgement rather than 'restitutionary damages'. Equitable bars to relief should also be adopted in relation to disgorgement damages, as should allowances for skill and effort. This book will be of interest to contract and commercial lawyers, and will be especially valuable to anyone with an interest in contract remedies and restitution. It draws on case law in a number of common law jurisdictions, primarily England and Wales, and Australia.
Commercial Litigation
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Author : Rachel Burnett
language : en
Publisher:
Release Date : 2011-05-11
Commercial Litigation written by Rachel Burnett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-11 with Law categories.
The law on remedies for breach of contract is technical and complex, built mainly from legal precedent. This Report provides advice, guidance and remedies for those who deal directly with contracts and contractual problems (in businesses and other organisations) as well those whose work is affected by the contents of a contract. It is relevant for drafting and negotiating contract terms as well as for problems arising from performance of the contract.
Fault In American Contract Law
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Author : Omri Ben-Shahar
language : en
Publisher: Cambridge University Press
Release Date : 2010-08-16
Fault In American Contract Law written by Omri Ben-Shahar and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-16 with Law categories.
Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the American and European traditions compare? In exploring these and related issues, the essays in this volume bring together a variety of outlooks, including economic, psychological, philosophical, and comparative approaches to law.
The Law Of Contract Damages
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Author : Adam Kramer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-11-16
The Law Of Contract Damages written by Adam Kramer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-16 with Law categories.
"To aid understanding and practicality of use, the book is arranged by the type of complaint, such as the mis-provision of services, the non-payment of money, or the temporary loss of use of property. It also includes sections on causation, remoteness, and other general principles. Cases from all relevant contractual fields are gathered together here, including those considered in general works (construction, sale of goods, charter parties, professional services) and those less frequently covered (SPAs, insurance, and landlord and tenant). Tort decisions are referenced where relevant, including full coverage of professional negligence damages, and detailed explanations of many practically important but often neglected areas, such as damages for lost management time and the proof of lost profits, are given."--