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Contract Damages: Domestic and International Perspectives

ISBN13: 9781841137414
Published: May 2008
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £140.00

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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 damages, and the relationship between changes in monetary value and the assessment of damages.

Contract Law
Current Themes in the Law of Contract Damages: Introductory Remarks DJAKHONGIR SAIDOV AND RALPH CUNNINGTON
Part I The Purpose and Scope of Damages
1. The Law of Damages: Rules for Citizens or Rules for Courts? STEPHEN A SMITH
2. Economic Aspects of Damages and Specific Performance Compared DANIEL FRIEDMANN
3. The Scope of the CISG Provisions on Damages INGEBORG SCHWENZER AND PASCAL HACHEM
4. Using the UNIDROIT Principles to Fill Gaps in the CISG JOHN Y GOTANDA
Part II The Measures of Damages
5. The Economic Basis of Damages for Breach of Contract: Inducement and Expectation ANTHONY OGUS
6. Damages and the Protection of Contractual Reliance PETER JAFFEY
7. Are 'Damages on the Wrotham Park Basis' Compensatory, Restitutionary or Neither? ANDREW BURROWS
8. Gains Derived from Breach of Contract: Historical and Conceptual Perspectives STEPHEN WADDAMS
9. The Measure and Availability of Gain-based Damages for Breach of Contract RALPH CUNNINGTON
Part III Methods of Limiting Damages
10. The Limitation of Contract Damages in Domestic Legal Systems and International Instruments ALEXANDER KOMAROV
11. No Need to Limit Where There is No Promise? JAN RAMBERG
12. Remoteness: New Problems with the Old Test ADAM KRAMER
13. Hadley v Baxendale v Foreseeability under Article 74 CISG FRANCO FERRARI
14. The Role of Mitigation in the Assessment of Damages HARVEY McGREGOR QC
Part IV The Assessment of Damages
15. Expectation Damages: Avoided Loss, Offsetting Gains and Subsequent Events DAVID McLAUCHLAN
16. Damage to Business Reputation and Goodwill under the Vienna Sales Convention DJAKHONGIR SAIDOV
17. Actual Damages, Notional Damages and Loss of a Chance MICHAEL FURMSTON
18. The Market Rule of Damages Assessment MICHAEL BRIDGE
19. Changes in Monetary Values and the Assessment of Damages CHARLES PROCTOR