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Vol 22 No 4 April/May 2017

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Transferred Loss: Claiming Third Party Loss in Contract Law

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ISBN13: 9781841133706
ISBN: 1841133701
Published: April 2003
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00



Despatched in 5 to 7 days.

Sometimes a breach of contract causes loss to a third party. This book takes a comparative approach to the question when the third party can recover that loss directly, and when the promisee can recover it. The second issue has arisen in carriage of goods, bailment, insurance and agency, and is becoming increasingly significant in construction law, as the recent decision in Alfred McAlpine Construction Ltd v. Panatown Ltd shows. The principal aim is to clarify whether and when a promisee is allowed to recover damages on behalf of a third party. The book also examines the impact of the Contracts (Rights of Third Parties) Act 1999 and recent judicial decisions seeking to increase the protection of the interest in the performance of the contract.

From the Foreword by Lord Goff of Chieveley:

"For those lawyers who, in their teaching of contract law or of the law of damages, or in their work as practising lawyers, have to consider problems arising in this difficult field, this book will provide a context which is both stimulating and illuminating."

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Subjects:
Contract Law
Contents:
PART I: RECOVERY OF THE PLAINTIFF’S LOSS
1. Action by the Third Party
2. Action by the Contracting Party: Extending the Notion of Loss
PART II: AVOWED RECOVERY OF THIRD PARTY LOSS: PRECEDENTS AND PRINCIPLES
3. Third Party Loss in German Law
4. Early Approaches to the Problems in English Law
5. The Albazero Principle
6. Mercantile Law—a Broad Perspective on The Albazero Principle
7. The Significance of Agency Reasoning
8. New Developments—Construction Law
Bibliography
Annex
Index