Author: Sirko Harder
Publisher: Bloomsbury Publishing
ISBN: 1847317472
Category : Law
Languages : en
Pages : 601
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Book Description
This book challenges certain differences between contract, tort and equity in relation to the measure (in a broad sense) of damages. Damages are defined as the monetary award made by a court in consequence of a breach of contract, a tort or an equitable wrong. In all these causes of action, damages usually aim to put the claimant into the position the claimant would be in without the wrong. Even though the main objective of damages is thus the same for each cause of action, their measure is not. While some aspects of the measure of damages are more or less harmonised between contract, tort and equity (e.g. causation in fact and mitigation), significant differences exist in relation to (1) remoteness of damage, which is the question of whether, when and to which degree damage needs to be foreseeable to be recoverable; (2) the compensability of non-pecuniary loss such as pain and suffering, distress and loss of reputation; (3) the effect of contributory negligence, which is the victim's contribution to the occurrence of the wrong or the ensuing loss through unreasonable conduct prior to the wrong; (4) the circumstances under which victims of wrongs can claim the gain the wrongdoer has made from the wrong; and (5) the availability and scope of exemplary (or punitive) damages. For each of the five topics, this book examines the present position in contract, tort and equity and establishes the differences between the three areas. It goes on to scrutinise the arguments in defence of existing differences. The conclusion on each topic is that the present differences between contract, tort and equity cannot be justified on merits and should be removed through a harmonisation of the relevant principles.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 152
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Book Description
72861
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 214
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Book Description
66163, 66164, 66165
Author:
Publisher: American Bar Association
ISBN: 9781590317587
Category : Law
Languages : en
Pages : 648
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 76
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Book Description
88489
Author: Richard P. Lewis
Publisher: Wolters Kluwer
ISBN: 1454824441
Category : Law
Languages : en
Pages : 2628
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Book Description
Unexpected business disruptions and income losses can be triggered by many events: by large-scale disasters - hurricanes, floods, earthquakes, explosions - but also by relatively minor happenings such as a local blackout, computer outages, even something as simple as a street closing. What's more, in today's global economy, major business interruptions can be caused by events far away - a breakdown in goods production in Taiwan or a power failure in India. Business Income Insurance Disputes, Second Edition helps you prepare for any eventuality. It covers everything from the basics of first-party property insurance and case law which impacts time-element coverages - to practical strategies for dealing with today's most complex business income insurance law issues and questions. Unlike the majority of books in this field, this new guide focuses primarily on the side of the policyholder. Yet it will prove useful to insurance company counsel and executives as well, giving them valuable insights into the insured's strategies In clear, plain-English terms Business Income Insurance Disputes, Second Edition helps you.... Provide sound insurance advice to your clients or company Review business income insurance forms; resolve problems stemming from vaguely-worded language; see that coverage is sufficient and all necessary clauses are included Determine the rate of loss accurately and prove that loss Protect against common insurance company tactics Negotiate effectively Avoid pitfalls and costly omissions Anticipate court responses Gain the winning edge in litigation
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 34
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Book Description
65534
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 24
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Book Description
71309
Author: Ostrager, Newman
Publisher: Wolters Kluwer
ISBN: 1543802354
Category : Insurance claims
Languages : en
Pages : 2642
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Book Description
Handbook on Insurance Coverage Disputes
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 58
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Book Description
81566
