Money Awards In Contract Law

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Money Awards in Contract Law

Author : David Winterton
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!

Money Awards in Contract Law

Author : David Winterton
Publisher : Bloomsbury Publishing
ISBN 13 : 1782252967
Total Pages : 578 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 578 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!

Chinese Contract Law

Author : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 1107176328
Total Pages : 545 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Chinese Contract Law by : Larry A. DiMatteo

Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Business Law I Essentials

Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Law of Remedies

Author : Dan B. Dobbs
Publisher :
ISBN 13 :
Total Pages : 1146 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Law of Remedies by : Dan B. Dobbs

Download or read book Law of Remedies written by Dan B. Dobbs and published by . This book was released on 1993 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. ed. of : Handbook on the law of remedies. 1973.

Model Rules of Professional Conduct

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)

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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.

Liquidated Damages and Penalties

Author :
Publisher :
ISBN 13 : 9780724167296
Total Pages : 20 pages
Book Rating : 4.1/5 (672 download)

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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:

Exploring Contract Law

Author : Jason W Neyers
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317200
Total Pages : 451 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Exploring Contract Law by : Jason W Neyers

Download or read book Exploring Contract Law written by Jason W Neyers and published by Bloomsbury Publishing. This book was released on 2009-05-14 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading scholars from Australia, Canada, Hong Kong, New Zealand, Singapore, the United Kingdom and the United States deal with important theoretical and practical issues in the law of contract and closely-related areas of private law. The articles analyse developments in the law of estoppel, mistake, undue influence, the interpretation of contracts, assignment, exclusion clauses and damages. The articles also address more theoretical issues such as discerning the limits of contract law, the role of principle in the development of contract doctrine and the morality of promising. With its rich scope of contributors and topics, Exploring Contract Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Rick Bigwood, Richard Bronaugh, Mindy Chen-Wishart, Helge Dedek, Gerald H L Fridman, Mark P Gergen, Andrew S Gold, Kelvin F K Low, Jason W Neyers, Stephen G A Pitel, Andrew Roberston, Stephen A Smith, Robert Stevens, Andrew Tettenborn, Chee Ho Tham, Catherine Valcke, Stephen Waddams, Charlie Webb. Foreword by Justice Ian Binnie of the Supreme Court of Canada

Studies in the Contract Laws of Asia

Author : Mindy Chen-Wishart
Publisher : Oxford University Press
ISBN 13 : 0198757220
Total Pages : 531 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Studies in the Contract Laws of Asia by : Mindy Chen-Wishart

Download or read book Studies in the Contract Laws of Asia written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2016 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 throughout eachacross the jurisdictions, and comparisons with European jurisdictions from which Asians well as an overview of the common themes found throughout each jurisdiction .contract law derive. 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.

Contract Law

Author : Mindy Chen-Wishart
Publisher : Oxford University Press
ISBN 13 : 0198806353
Total Pages : 661 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Contract Law by : Mindy Chen-Wishart

Download or read book Contract Law written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2018 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides an accessible account of the intricacies of contract law and the problems that can arise during the life of a contract. These problems, along with their solutions, are discussed in detail using everyday language that stimulates thought and reflection.

Arbitration and Contract Law

Author : Neil Andrews
Publisher : Springer
ISBN 13 : 331927144X
Total Pages : 347 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Arbitration and Contract Law by : Neil Andrews

Download or read book Arbitration and Contract Law written by Neil Andrews and published by Springer. This book was released on 2016-04-18 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.

Remedies for Breach of Contract

Author : Mindy Chen-Wishart
Publisher : Oxford University Press
ISBN 13 : 0191074411
Total Pages : 531 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Remedies for Breach of Contract by : Mindy Chen-Wishart

Download or read book Remedies for Breach of Contract written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2016-02-12 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Government Contract Law

Author :
Publisher : American Bar Association
ISBN 13 : 9781590318959
Total Pages : 660 pages
Book Rating : 4.3/5 (189 download)

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Book Synopsis Government Contract Law by :

Download or read book Government Contract Law written by and published by American Bar Association. This book was released on 2007 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Challenging Private Law

Author : William Day
Publisher : Bloomsbury Publishing
ISBN 13 : 1509934898
Total Pages : 488 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Challenging Private Law by : William Day

Download or read book Challenging Private Law written by William Day and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lord Sumption has been one of the most influential judges of his generation. This book critically reflects on the important and controversial issues raised by his jurisprudence. Using Lord Sumption's judgments and extra-judicial lectures as a starting point, the book contains a selection of essays that consider 'where next' in relation to topics such as: - contract variation, damages and penalties; - economic loss and personal injury in tort law; - knowing receipt and proprietary restitution; - illegality in private law; - agency and attribution; - piercing the corporate veil; - foreign law in the English courts. The book covers a broad range of areas in private law including contract, tort, unjust enrichment, equity, company and commercial law, as well as private international law and civil procedure.

Economic Torts and Economic Wrongs

Author : John Eldridge
Publisher : Bloomsbury Publishing
ISBN 13 : 1509934766
Total Pages : 598 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Economic Torts and Economic Wrongs by : John Eldridge

Download or read book Economic Torts and Economic Wrongs written by John Eldridge and published by Bloomsbury Publishing. This book was released on 2021-09-23 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores contemporary issues in respect of causes of action which operate to protect a plaintiff's economic interests. It examines the question from across the spectrum of private law. Focusing mainly on common law principles, it looks in particular at the treatment of such causes of action in the United Kingdom, Australia, Canada, Singapore as well as other common law jurisdictions. Addressing both theoretical and doctrinal issues, this important book will appeal to both private law scholars and practitioners.

Contract Law

Author : Ewan McKendrick
Publisher : Oxford University Press, USA
ISBN 13 : 019885529X
Total Pages : 1076 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Contract Law by : Ewan McKendrick

Download or read book Contract Law written by Ewan McKendrick and published by Oxford University Press, USA. This book was released on 2020 with total page 1076 pages. Available in PDF, EPUB and Kindle. Book excerpt: Celebrated and respected, this is the stand-alone guide to contract law. Written by Ewan McKendrick, it uses a unique balance of commentary, cases, and materials. Explaining, applying, and contextualising, it shows students the law at work and helps them to gain a thorough understanding.

Equitable Compensation and Disgorgement of Profit

Author : Simone Degeling
Publisher : Bloomsbury Publishing
ISBN 13 : 1509901477
Total Pages : 373 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Equitable Compensation and Disgorgement of Profit by : Simone Degeling

Download or read book Equitable Compensation and Disgorgement of Profit written by Simone Degeling and published by Bloomsbury Publishing. This book was released on 2017-04-06 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays interrogates significant issues at the forefront of scholarship and legal practice in the field of money remedies in equity. Chapters address the contentious and developing field of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial liability; the role of discretion in limiting equitable compensation; which wrongs yield equitable compensation; and the extent to which compensation in equity differs from money remedies at common law. Other chapters examine the remedy of disgorgement of profit, and specifically the theoretical basis of that remedy, its application in the context of fiduciary obligations, and third-party issues. A number of chapters also examine the interrelationship between loss- and gain-based money relief. In addressing these issues the book includes both doctrinal and theoretical perspectives, and brings together leading equity scholars and judges from across the common law world.