Mitigation in the Law of Damages

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Publisher : Oxford University Press
ISBN 13 : 019255915X
Total Pages : 337 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Mitigation in the Law of Damages by : Andy Summers

Download or read book Mitigation in the Law of Damages written by Andy Summers and published by Oxford University Press. This book was released on 2024-10-18 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Mayne and McGregor on Damages

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (111 download)

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Book Synopsis Mayne and McGregor on Damages by : John Dawson Mayne

Download or read book Mayne and McGregor on Damages written by John Dawson Mayne and published by . This book was released on 1961 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rethinking the Law of Contract Damages

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1789902517
Total Pages : 279 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Rethinking the Law of Contract Damages by : Victor P. Goldberg

Download or read book Rethinking the Law of Contract Damages written by Victor P. Goldberg and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Law of Contract Damages

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509951261
Total Pages : 699 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Law of Contract Damages by : Adam Kramer KC

Download or read book The Law of Contract Damages written by Adam Kramer KC and published by Bloomsbury Publishing. This book was released on 2022-07-14 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Mayne and McGregor on Damages

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 ( download)

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Book Synopsis Mayne and McGregor on Damages by : Harvey McGregor

Download or read book Mayne and McGregor on Damages written by Harvey McGregor and published by . This book was released on 1961 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contract Damages

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314333
Total Pages : 530 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Contract Damages by : Djakhongir Saidov

Download or read book Contract Damages written by Djakhongir Saidov and published by Bloomsbury Publishing. This book was released on 2008-05-30 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Mayne's Treatise on Damages

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Author :
Publisher :
ISBN 13 :
Total Pages : 704 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Mayne's Treatise on Damages by : John Dawson Mayne

Download or read book Mayne's Treatise on Damages written by John Dawson Mayne and published by . This book was released on 1920 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Litigating Socio-economic Rights in South Africa

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Publisher : PULP
ISBN 13 : 0981412475
Total Pages : 283 pages
Book Rating : 4.9/5 (814 download)

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Book Synopsis Litigating Socio-economic Rights in South Africa by : Christopher Mbazira

Download or read book Litigating Socio-economic Rights in South Africa written by Christopher Mbazira and published by PULP. This book was released on 2009 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating Socio-Economic Rights in South Africa: A choice between corrective and distributive justiceby Christopher Mbazira2009ISBN: 978-0-9814124-7-4Pages: viii 273Print version: AvailableElectronic version: Free PDF available.

Money Awards in Contract Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782252959
Total Pages : 370 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Money Awards in Contract Law by : David Winterton

Download or read book Money Awards in Contract Law written by David Winterton and published by Bloomsbury Publishing. This book was released on 2015-06-18 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: The quantification of contractual money awards is a topic of both significant theoretical interest and immense practical importance. Recent debates have ranged from the availability of gain-based relief to the basis for principles of remoteness and mitigation. While these and other important issues, such as the recovery of damages for non-pecuniary loss, are touched upon, the book's principal objective is to challenge the conventional interpretation of the principle generally acknowledged to govern this area of the law, which Parke B famously laid down in Robinson v Harman. According to this conventional interpretation, the objective of all money awards given in accordance with the Robinson v Harman principle is simply to 'compensate' the promisee for the 'loss' that can be attributed to the promisor's failure to perform as promised. After challenging this orthodoxy, Dr Winterton proposes a new understanding of the Robinson v Harman principle, which draws an important distinction between money awards that substitute for the performance promised and money awards that aim to make good certain detrimental factual consequences that can be attributed to a promisor's breach. In exploring the significance of this distinction, the different principles underpinning the quantification and restriction of each kind of award are explored in addition to some important theoretical issues such as the effect that the occurrence of a breach has on the rights generated by contract formation. The book's unifying objective is to outline a coherent picture of the law of contractual money awards. It will be of interest to judges, practitioners and academics alike. Nominated for the 2018 St Petersburg International Legal Forum Private Law Prize!

Contract as Assumption

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847317499
Total Pages : 170 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Contract as Assumption by : Brian Coote

Download or read book Contract as Assumption written by Brian Coote and published by Bloomsbury Publishing. This book was released on 2010-04-02 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law. The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort. Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory.

Anglo-American Law Collections

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Publisher :
ISBN 13 :
Total Pages : 544 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis Anglo-American Law Collections by : Mortimer D. Schwartz

Download or read book Anglo-American Law Collections written by Mortimer D. Schwartz and published by . This book was released on 1970 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Landmark Cases in Defamation Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509916717
Total Pages : 279 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Landmark Cases in Defamation Law by : David Rolph

Download or read book Landmark Cases in Defamation Law written by David Rolph and published by Bloomsbury Publishing. This book was released on 2019-08-22 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark Cases in Defamation Law is a diverse and engaging edited collection that brings together eminent scholars from the United Kingdom, the United States, Australia, Canada and New Zealand to analyse cases of enduring significance to defamation law. The cases selected have all had a significant impact on defamation law, not only in the jurisdiction in which they were decided but internationally. Given the formative influence of English defamation law in the United States, Australia, Canada and New Zealand, the focus is predominantly on English cases, although decisions of the United States and Australia are also included in the collection. The authors all naturally share a common interest in defamation law but bring different expertise and emphasis to their respective chapters. Among the authors are specialists in tort law, legal history and internet law. The cases selected cover all aspects of defamation law, including defamatory capacity and meaning; practice and procedure; defences; and remedies.

Restitution

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Publisher : Routledge
ISBN 13 : 1000113949
Total Pages : 590 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis Restitution by : Lionel Smith

Download or read book Restitution written by Lionel Smith and published by Routledge. This book was released on 2020-11-25 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. In the Western legal tradition, the history of restitution for unjust enrichment reaches back to pre-classical Roman law. In common law, the roots of unjust enrichment may be said to lie in the fourteenth century; but its history as a subject of academic study is much shorter. The law of restitution has become increasingly important in the courts of the common law world during the last decade. This has generated a great deal of scholarly attention and there has been an explosion of literature as legal academics have addressed the theoretical foundations of the subject, its structure and its underlying principles.

General Catalogue of Printed Books

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Publisher :
ISBN 13 :
Total Pages : 530 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis General Catalogue of Printed Books by : British Museum. Department of Printed Books

Download or read book General Catalogue of Printed Books written by British Museum. Department of Printed Books and published by . This book was released on 1968 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Private Law in the 21st Century

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509908595
Total Pages : 613 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Private Law in the 21st Century by : Kit Barker

Download or read book Private Law in the 21st Century written by Kit Barker and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.

Delict and Torts

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Author :
Publisher :
ISBN 13 :
Total Pages : 252 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Delict and Torts by : Pierre Catala

Download or read book Delict and Torts written by Pierre Catala and published by . This book was released on 1965 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:

National Union Catalog

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Publisher :
ISBN 13 :
Total Pages : 618 pages
Book Rating : 4.:/5 (89 download)

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Book Synopsis National Union Catalog by :

Download or read book National Union Catalog written by and published by . This book was released on 1973 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes entries for maps and atlases.