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Measuring Damages In The Law Of Obligations
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Book Synopsis Measuring Damages in the Law of Obligations by : Sirko Harder
Download or read book Measuring Damages in the Law of Obligations written by Sirko Harder and published by Bloomsbury Publishing. This book was released on 2010-07-12 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Measuring Damages in the Law of Obligations by : Sirko Harder
Download or read book Measuring Damages in the Law of Obligations written by Sirko Harder and published by Bloomsbury Publishing. This book was released on 2010-07-12 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Handbook on the Law of Remedies by : Dan B. Dobbs
Download or read book Handbook on the Law of Remedies written by Dan B. Dobbs and published by . This book was released on 1973 with total page 1122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reference Manual on Scientific Evidence by :
Download or read book Reference Manual on Scientific Evidence written by and published by . This book was released on 1994 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Formulas for Calculating Damages by : Mark S. Guralnick
Download or read book Formulas for Calculating Damages written by Mark S. Guralnick and published by . This book was released on 2019 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book] addresses basic rules and strategies - including calculating interest, measuring probability, the key rates of return and financial ratios - and introduces the most fundamental formulas, then applies those formulas to practice specialties: personal injury and wrongful death, business cases, employment law, real estate, environmental law, bankruptcy, intellectual property and family law."--
Book Synopsis The Principles Governing the Measure of Damages for the Breach of Delictual and Contractual Obligations in the Law of Quebec by : Howard Spear Simpson
Download or read book The Principles Governing the Measure of Damages for the Breach of Delictual and Contractual Obligations in the Law of Quebec written by Howard Spear Simpson and published by . This book was released on 1938 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Obligations by : Saul Litvinoff
Download or read book The Law of Obligations written by Saul Litvinoff and published by . This book was released on 1999 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Economic Analysis of the DCFR by : Filomena Chirico
Download or read book Economic Analysis of the DCFR written by Filomena Chirico and published by Walter de Gruyter. This book was released on 2010-03-12 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Economic Impact Group (EIG) was created to support the work on the DCFR with insights from law and economics. It brings together a number of leading European law and economics scholars. The Group looked at the main elements of the DCFR with two questions in mind: from an economic perspective, is it sensible to harmonize private law across Europe for this specific element, and is the solution chosen in the DCFR optimal? This book presents the outcome of the work of the EIG. It deals with key issues such as the function of contract law, contract formation, good faith, non-discrimination, specific performance versus damages, standard contractual terms and consumer protection in contract law. The EIG complements the work of the drafters of the DCFR with insightful and critical assessments, based on the well-established law and economics literature.
Book Synopsis Liquidated Damages and Penalties by :
Download or read book Liquidated Damages and Penalties written by and published by . This book was released on 1988 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Principles Governing the Measure of Damages Awarded for the Breach of Contractual and Delictual Obligations in the Law of Quebec by : Paul Brooks Pitcher
Download or read book The Principles Governing the Measure of Damages Awarded for the Breach of Contractual and Delictual Obligations in the Law of Quebec written by Paul Brooks Pitcher and published by . This book was released on 1938 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Principles Governing the Measure of Damages Awarded for Breaches of Delictual and Contractual Obligations in the Law of Quebec by : Thomas Garrett Scrogg
Download or read book The Principles Governing the Measure of Damages Awarded for Breaches of Delictual and Contractual Obligations in the Law of Quebec written by Thomas Garrett Scrogg and published by . This book was released on 1938 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Principles Governing the Measure of Damages Awarded for Breaches of Delictual and Contractual Obligations in the Law of Quebec by : Harry Heward Stikeman
Download or read book The Principles Governing the Measure of Damages Awarded for Breaches of Delictual and Contractual Obligations in the Law of Quebec written by Harry Heward Stikeman and published by . This book was released on 1938 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tort Law written by Keith N. Hylton and published by Cambridge University Press. This book was released on 2016-06-06 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Holland-Frei Cancer Medicine by : Robert C. Bast, Jr.
Download or read book Holland-Frei Cancer Medicine written by Robert C. Bast, Jr. and published by John Wiley & Sons. This book was released on 2017-03-10 with total page 2004 pages. Available in PDF, EPUB and Kindle. Book excerpt: Holland-Frei Cancer Medicine, Ninth Edition, offers a balanced view of the most current knowledge of cancer science and clinical oncology practice. This all-new edition is the consummate reference source for medical oncologists, radiation oncologists, internists, surgical oncologists, and others who treat cancer patients. A translational perspective throughout, integrating cancer biology with cancer management providing an in depth understanding of the disease An emphasis on multidisciplinary, research-driven patient care to improve outcomes and optimal use of all appropriate therapies Cutting-edge coverage of personalized cancer care, including molecular diagnostics and therapeutics Concise, readable, clinically relevant text with algorithms, guidelines and insight into the use of both conventional and novel drugs Includes free access to the Wiley Digital Edition providing search across the book, the full reference list with web links, illustrations and photographs, and post-publication updates
Book Synopsis Understanding the Law of Obligations by : Andrew Burrows
Download or read book Understanding the Law of Obligations written by Andrew Burrows and published by Bloomsbury Publishing. This book was released on 2000-11-15 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an [author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ... together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law Review
Book Synopsis Contract and Related Obligation by : Robert S. Summers
Download or read book Contract and Related Obligation written by Robert S. Summers and published by West Academic Publishing. This book was released on 2006 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook focuses not only on the rules and principles of contract law, but also on the lawyer's role in planning and drafting contracts and on the richness of contract theory. It has comprehensive coverage of contract law and related obligation, the latter including promissory estoppel, restitution, and tort arising in the contract setting. This book is primarily a case book designed to help students develop important analytical and critical skills, but also has ample notes, problems, and excerpts that focus on the nature, function, and limits of contract and related law. Features of the new Fifth Edition include: several recent cases that bring important issues up to date; new notes and comments about recent developments in contract law and recent contract controversies in the news; and new excerpts from the secondary literature focusing on major recent developments.
