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Author: Victor P. Goldberg
Publisher: Edward Elgar Publishing
ISBN: 1789902517
Category : Law
Languages : en
Pages : 279
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Book Description
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.
Author: Victor P. Goldberg
Publisher: Edward Elgar Publishing
ISBN: 1789902517
Category : Law
Languages : en
Pages : 279
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Book Description
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.
Author: Djakhongir Saidov
Publisher: Bloomsbury Publishing
ISBN: 1847314333
Category : Law
Languages : en
Pages : 530
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Book Description
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.
Author: Harvin D. Pitch
Publisher:
ISBN: 9780459329617
Category : Breach of contract
Languages : en
Pages :
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Book Description
Author: Sophie Stijns
Publisher:
ISBN: 9781780684192
Category : Contracts
Languages : en
Pages : 0
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Book Description
This book results from the Contract Law Workshop of the 20th Ius Commune Conference held 26-27 November 2015. The theme of this Workshop was: The French Contract Law Reform: a Source of Inspiration? Since the conference in November 2015, all authors have incorporated comments on the final version of the ordonnance.
Author: Adam Kramer (Barrister)
Publisher: Hart Publishing
ISBN: 9781509915873
Category : Breach of contract
Languages : en
Pages : 616
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Book Description
"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."--
Author: James Edelman
Publisher: Bloomsbury Publishing
ISBN: 1847310478
Category : Law
Languages : en
Pages : 314
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Book Description
On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally. This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits from the defendant's hands. Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards.
Author: United States. Office of Federal Contract Compliance Programs
Publisher:
ISBN:
Category : Affirmative action programs
Languages : en
Pages : 1110
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Book Description
Author: Djakhongir Saidov
Publisher: Bloomsbury Publishing
ISBN: 1847317111
Category : Law
Languages : en
Pages : 532
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Book Description
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.
Author: Adam Kramer KC
Publisher: Bloomsbury Publishing
ISBN: 1509951261
Category : Law
Languages : en
Pages : 699
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Book Description
Praise for previous edition: '... very comprehensive; very competent; and, what I think will be seen as its chief virtue ... very clear' – David Campbell, Law Quarterly Review 'I enjoyed...every part of this book. Mr Kramer's analyses are carefully developed and almost always useful and illuminating.' – Angela Swan, Canadian Business Law Journal Written by a leading commercial barrister and academic, the third edition of this acclaimed book is the most comprehensive and detailed treatment available of this important dispute resolution area. Previous editions have been regularly cited by the English courts and academic literature. The third edition covers all key case law developments and updates since 2017, with very substantial rewrites of the loss of chance, scope of duty and negotiating damages chapters (including in the light of Supreme Court decisions in Perry v Raleys, Edwards v Hugh James Ford Simey, Manchester BS v Grant Thornton and Morris-Garner v One Step (Support) Ltd). It also includes expanded share purchase warranty and causation sections, and a new chapter on the construction of exclusion clauses. To aid understanding and practicality, the book is primarily 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, but also includes sections on causation, remoteness and other general principles. At all points, the work gathers together the cases from all relevant contractual fields, both those usually considered-construction, sale of goods, charterparties, professional services-and those less frequently covered in general works-such as SPAs, exclusive jurisdiction and arbitration clauses, insurance, and landlord and tenant. It also refers to tort decisions where relevant, including full coverage of professional negligence damages, and gives detailed explanation of many practically important but often neglected areas, such as damages for lost management time and the how to prove lost profits. The book provides authoritative and insightful analysis of damages for breach of contract and is an essential resource for practitioners and scholars in commercial law and other contractual fields.
Author:
Publisher:
ISBN: 9780724167296
Category : Breach of contract
Languages : en
Pages : 20
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Book Description
