Mitigation In The Law Of Damages
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Mitigation In The Law Of Damages
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Author : Andy Summers
language : en
Publisher: Oxford University Press
Release Date : 2024-10-18
Mitigation In The Law Of Damages written by Andy Summers and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-18 with Law categories.
The law of mitigation determines how a claimant's own response to a breach affects the damages they can recover. It responds to the basic accusation: 'although I did wrong, you made things worse'. Mitigation applies to all claims for compensation, regardless of the claimant's cause of action and irrespective of the defendant's level of fault. It is amongst the most litigated doctrines in private law and has significant implications for general theories of damages, and yet has received relatively little scholarly attention to date. Mitigation in the Law of Damages provides the first comprehensive theoretical and doctrinal treatment of this important area of the law in any common law jurisdiction. It argues that contrary to the leading texts on damages, judges have been right all along to explain mitigation as an aspect of causation. But to see why, we must look beyond the 'but-for' concept of causation and understand the 'common-sense' causal principles used to attribute responsibility outside the law. This approach reveals a new understanding of the rules of mitigation and their relation to other doctrines. The implications are wide-ranging. First, mitigation applies symmetrically to benefits as well as harms, and encompasses a variety of damages doctrines that have previously been regarded as distinct. Second, the new account of mitigation advances our understanding of the legal concepts of causation, choice, and loss, and calls for a re-evaluation of existing theories of damages. Third, the book revives and develops arguments from Hart and Honoré's ground-breaking work 'Causation in the Law', with implications for every area of law where causal reasoning is invoked. Original and thought-provoking, Mitigation in the Law of Damages restates and explains the law of mitigation in a way that is accessible to both academics and practitioners.
Mitigation In The Law Of Damages
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Author : Andrew Dyson
language : en
Publisher:
Release Date : 2016
Mitigation In The Law Of Damages written by Andrew Dyson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Causation categories.
An International Approach To The Interpretation Of The United Nations Convention On Contracts For The International Sale Of Goods 1980 As Uniform Sales Law
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Author : John Felemegas
language : en
Publisher: Cambridge University Press
Release Date : 2013-09-12
An International Approach To The Interpretation Of The United Nations Convention On Contracts For The International Sale Of Goods 1980 As Uniform Sales Law written by John Felemegas 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 2013-09-12 with Law categories.
In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.
Chinese Contract Law
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Chinese Contract Law written by Larry A. DiMatteo 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 2017-10-26 with Law categories.
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Mcgregor On Damages
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Author : Harvey McGregor
language : en
Publisher:
Release Date : 2001
Mcgregor On Damages written by Harvey McGregor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Damages categories.
The 16th edition of McGregor on Damages maintains the standards of its forebears and provides an authoritative text on common law damages. Det ailed consideration is given to all relevant points of law and practice relating to the manifold aspects of the subject. The second supplement includes the many changes in this area of law since publication of the previous edition in 1988 such as: the decisions of the Court of Appeal and House of Lords in the recent BBL litigation, developments in exemplary damages, and the appropriate discount rate for multipliers in personal injury cases.
International Sales Law
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2014-02-17
International Sales Law written by Larry A. DiMatteo 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 2014-02-17 with Law categories.
This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and its role in the unification of global sales law. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how countries have accepted, interpreted, and applied the CISG. Theoretical insights are offered into the problems of uniform laws, the CISG's role in bridging the gap between the common and civil legal traditions, and the debate over good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.
The Law Of Contract Damages
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Author : Adam Kramer (Barrister)
language : en
Publisher: Hart Publishing
Release Date : 2020
The Law Of Contract Damages written by Adam Kramer (Barrister) and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Breach of contract 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."--
A Treatise Of The Law Of Damages
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Author : Jabez Gridley Sutherland
language : en
Publisher:
Release Date : 1893
A Treatise Of The Law Of Damages written by Jabez Gridley Sutherland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1893 with Damages categories.
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.
Loss And Damage From Climate Change
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Author : Reinhard Mechler
language : en
Publisher: Springer
Release Date : 2018-11-28
Loss And Damage From Climate Change written by Reinhard Mechler and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-28 with Science categories.
This book provides an authoritative insight on the Loss and Damage discourse by highlighting state-of-the-art research and policy linked to this discourse and articulating its multiple concepts, principles and methods. Written by leading researchers and practitioners, it identifies practical and evidence-based policy options to inform the discourse and climate negotiations. With climate-related risks on the rise and impacts being felt around the globe has come the recognition that climate mitigation and adaptation may not be enough to manage the effects from anthropogenic climate change. This recognition led to the creation of the Warsaw International Mechanism on Loss and Damage in 2013, a climate policy mechanism dedicated to dealing with climate-related effects in highly vulnerable countries that face severe constraints and limits to adaptation. Endorsed in 2015 by the Paris Agreement and effectively considered a third pillar of international climate policy, debate and research on Loss and Damage continues to gain enormous traction. Yet, concepts, methods and tools as well as directions for policy and implementation have remained contested and vague. Suitable for researchers, policy-advisors, practitioners and the interested public, the book furthermore: • discusses the political, legal, economic and institutional dimensions of the issue• highlights normative questions central to the discourse • provides a focus on climate risks and climate risk management. • presents salient case studies from around the world.