Breach Of Contract And Damages For Non Pecuniary Loss
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Author | : Vernon V. Palmer |
Publisher | : Cambridge University Press |
Total Pages | : 535 |
Release | : 2015-07-02 |
Genre | : Law |
ISBN | : 1316300684 |
This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike.
Author | : Vanessa Wilcox |
Publisher | : Cambridge University Press |
Total Pages | : 227 |
Release | : 2016-09-01 |
Genre | : Law |
ISBN | : 1316668525 |
Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems. One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves. In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles. This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.
Author | : Harvin D. Pitch |
Publisher | : |
Total Pages | : |
Release | : 1989 |
Genre | : Breach of contract |
ISBN | : 9780459329617 |
Author | : Larry A. DiMatteo |
Publisher | : Cambridge University Press |
Total Pages | : 545 |
Release | : 2017-10-26 |
Genre | : Law |
ISBN | : 1107176328 |
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author | : Mindy Chen-Wishart |
Publisher | : Oxford University Press |
Total Pages | : 531 |
Release | : 2016-02-12 |
Genre | : Law |
ISBN | : 0191074411 |
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
Author | : A. M. Tettenborn |
Publisher | : |
Total Pages | : 992 |
Release | : 2010 |
Genre | : Damages |
ISBN | : 9781405751094 |
This second edition is an essential text on the Law of Damages, providing a comprehensive and authoritative account of the legal principles to be applied in assessing damages. It examines the current law and also highlights areas for possible future development. The text covers all the key areas and general principles of damages making it an essential text for both practitioners and academics.Written by leading academics and QCs, this essential text on the Law of Damages provides a comprehensive and authoritative account of the legal principles to be applied in assessing damages. It examines the current law and highlights areas for possible future development. Commentary has been extensively updated to include:* Two new chapters: Contracts for the Benefit of Third Parties and Penalties and Liquidated Damages* A detailed and incisive consideration of the post-April 2005 periodic payment regime and particular consideration of the decision of the Court of Appeal in Thompstone v. Tameside* A Practitioner's insight into the complexity of the deduction of state benefits in high value claims with particular reference to the decision in Crofton v. National Health Service Litigation Authority* A helpful guide for practitioners to the assessment of general damages utilising the JSB Guidelines, Eighth edition* A comprehensive review of all the up-to-date authorities on assessment of damages, both special and future loss, in personal injury claimsThe book is part of the Common Law menu which is supported by annual updates.
Author | : Adam Kramer (Barrister) |
Publisher | : Hart Publishing |
Total Pages | : 616 |
Release | : 2020 |
Genre | : Breach of contract |
ISBN | : 9781509915873 |
"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 | : Graham Virgo |
Publisher | : Cambridge University Press |
Total Pages | : 625 |
Release | : 2017-08-24 |
Genre | : Law |
ISBN | : 1316764559 |
The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.
Author | : Allan Beever |
Publisher | : Bloomsbury Publishing |
Total Pages | : 562 |
Release | : 2007-05-30 |
Genre | : Law |
ISBN | : 1847315011 |
Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as she sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. The book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law - even as it now exists - possesses a far greater degree of conceptual unity than is commonly thought. Using this method the author is able to examine familiar aspects of the law of negligence such as the standard of care; the duty of care; remoteness; misfeasance; economic loss; negligent misrepresentation; the liability of public bodies; wrongful conception; nervous shock; the defences of contributory negligence, voluntary assumption of risk, and illegality; causation; and issues concerning proof, to show that when the principles are applied and the idea of corrective justice is properly understood then the law appears both systematic and conceptually satisfactory. The upshot is a rediscovery of the law of negligence.
Author | : Hugh Evander Willis |
Publisher | : |
Total Pages | : 256 |
Release | : 2016-05-19 |
Genre | : |
ISBN | : 9781357488291 |
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