Gain-based Remedies for Breach of Contract, Zatorski
Автор: Burrows Qc Fba, Andrew (barrister And Honorary Ben Название: Remedies for torts, breach of contract, and equitable wrongs ISBN: 0198705948 ISBN-13(EAN): 9780198705949 Издательство: Oxford Academ Рейтинг: Цена: 11246.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Remedies for Torts, Breach of Contract, and Equitable Wrongs, fourth edition, is a major text for students, legal practitioners and academics. Celebrated as a leading work on judicial remedies for civil wrongs in English law, this accessible and enduring work is extensively revised for its fourth edition (2019).
Автор: Zatorski Название: Gain-based Remedies for Breach of Contract ISBN: 3031254511 ISBN-13(EAN): 9783031254512 Издательство: Springer Рейтинг: Цена: 18167.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate. This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland. Since the term ‘compensation’ is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law. In contrast, ‘restitution’ states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party’s expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.
Описание: This book analyzes the conflict that emerges between parties after a breach of contract and how different legal remedies can best reduce conflict. Causes for conflict include equity, efficiency, and ethical reasons that parties might consider and use to blame the other or to justify breach. In the end, if not resolved through apologies or renegotiation, conflict leads to aggrievement and behavioral reactions in form of retaliation by the victim against the promisor in breach. The book provides empirical evidence from laboratory experiments for how individuals react to perceived wrongful acts such as breach of contract and for the function of legal remedies to reduce retaliation by disappointed promisees in providing them compensation. It reveals how the inequality in the outcome, and not the inefficiency of breach of contract, causes aggrievement and retaliation by victims. The book concludes with a comparative law and economic analysis of remedies for breach of contract adopted in different leading jurisdictions, with important normative implications for the American insistence on expectation damages, the French expansion of specific performance with "astreinte", the German junction of specific performance, expectation damages, and disgorgement damages, and the British timid acceptance of partial disgorgement damages. The book will appeal to scholars, researchers, and students of economics and law, interested in a better understanding of remedies for breach of contract.
Описание: This book analyzes the conflict that emerges between parties after a breach of contract and how different legal remedies can best reduce conflict. Causes for conflict include equity, efficiency, and ethical reasons that parties might consider and use to blame the other or to justify breach. In the end, if not resolved through apologies or renegotiation, conflict leads to aggrievement and behavioral reactions in form of retaliation by the victim against the promisor in breach. The book provides empirical evidence from laboratory experiments for how individuals react to perceived wrongful acts such as breach of contract and for the function of legal remedies to reduce retaliation by disappointed promisees in providing them compensation. It reveals how the inequality in the outcome, and not the inefficiency of breach of contract, causes aggrievement and retaliation by victims. The book concludes with a comparative law and economic analysis of remedies for breach of contract adopted in different leading jurisdictions, with important normative implications for the American insistence on expectation damages, the French expansion of specific performance with "astreinte", the German junction of specific performance, expectation damages, and disgorgement damages, and the British timid acceptance of partial disgorgement damages. The book will appeal to scholars, researchers, and students of economics and law, interested in a better understanding of remedies for breach of contract.
Автор: Rowan Solene Название: Remedies for Breach of Contract ISBN: 0199606609 ISBN-13(EAN): 9780199606603 Издательство: Oxford Academ Рейтинг: Цена: 13622.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This award-winning book is a comprehensive and timely examination of remedies for breach of contract. It analyses and challenges fundamental aspects of English law contractual remedies, drawing upon comparative study of French law and with particular focus on recent developments in both jurisdictions. It also makes suggestions as to how contractual remedies in England might be strengthened.
Автор: Andrew McIntyre, Simon Salzedo KC, Sophie Shaw Название: Fraud and Breach of Warranty: Buyers` Claims and Sellers` Defences ISBN: 1526529025 ISBN-13(EAN): 9781526529022 Издательство: Bloomsbury Academic Рейтинг: Цена: 17424.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: What happens when the acquisition of a business goes wrong? What can an injured buyer do to seek redress? How can sellers defend such claims?This book brings together a combination of commercial insight and deep industry expertise, providing expert guidance on how to make and defend claims in these circumstances.Completely revised and updated in line with recent caselaw, the 2nd edition contains new material covering:- Rejection of a seller’s duty of care in negligent misstatement- The effect of a goodwill exclusion- A material adverse change provision in the context of COVID-19- Fraud of an agent and conspiracy to defraud- Earnout payment claims- Misrepresentation through due diligence responsesWritten by leading commercial barristers, it offers in-depth answers to frequently-asked questions and is essential reading for anyone involved in buying or selling a business, with particular appeal to commercial law practitioners, litigators, arbitrators, in-house counsel and contract drafters.This title is included in Bloomsbury Professional’s Company and Commercial Law online service.
Описание: This book analyses the theory of efficient breach in English sales law, European Union contract law and Chinese contract law. It analyses the framework of the efficient breach theory and reconsiders the implications of this theory.
Автор: Stannard, John (professor, Professor, Queen`s University Belfast) Capper, David (reader In Law, Reader In Law, Queen`s University Belfast) Название: Termination for breach of contract ISBN: 0198852290 ISBN-13(EAN): 9780198852292 Издательство: Oxford Academ Рейтинг: Цена: 27720.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This is a leading in-depth treatise on termination as a remedy for breach of contract.The second edition is fully updated to include 125 new cases and legislation such as the Consumer Rights Act.
Описание: The author compares the two predominant remedies for breach of contract which have been adopted by most jurisdictions and also found access to international conventions like the Convention on Contracts for the International Sale of Goods (CiSG): Specific performance and expectation damages.
Автор: Ho, Jean (national University Of Singapore) Название: State responsibility for breaches of investment contracts ISBN: 1108402437 ISBN-13(EAN): 9781108402439 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This is a compact, yet detailed, study mapping out an underexplored subset of the law of state responsibility, dedicated to contractual protection. It will appeal to scholars, practitioners and students of international investment law, as well as public international lawyers generally.
Название: Common law of obligations ISBN: 1509921117 ISBN-13(EAN): 9781509921119 Издательство: Bloomsbury Academic Рейтинг: Цена: 6968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Now available in paperback The development of the law of obligations across the common law world has been, and continues to be, a story of unity and divergence. Its common origins continue to exert a powerful stabilizing influence, carried forward by a methodology that places heavy weight on the historical foundations of legal principles. Divergence is, however, produced by numerous factors, including: national and international human rights instruments; local statutory regimes; civil law influences; regional harmonization; local circumstances and values; and different political and legal cultures. The essays in this collection explore the forces that produce divergence, the countervailing forces that generate cohesion and consistency in the common law of obligations, and the influence that the major common law jurisdictions continue to exert over one another in this area of law. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A second collection, entitled Divergences in Private Law (ISBN 9781782256601), focuses on particular departures from the common law mainstream and the causes and effects of those deviations. Subject: Comparative Law, Contract Law, Tort Law]
Описание: This book presents an account of attribution in unjust enrichment. Attribution refers to how and when two parties – a claimant and a defendant – are relevantly connected to each other for unjust enrichment purposes. It is reflected in the familiar expression that a defendant be ‘enriched at the claimant’s expense’. This book presents a structured account of attribution, consisting of two requirements: first, the identification of an enrichment to the defendant and a loss to the claimant; and, secondly, the identification of a connection between that enrichment and that loss. These two requirements must be kept separate from other considerations often subsumed within the expression ‘enrichment at the claimant’s expense’ which in truth have nothing to do with attribution, and which instead qualify unjust enrichment liability for reasons that should be analysed in their own terms. The structure of attribution so presented fits a normative account of unjust enrichment based upon each party’s exchange capacities. A defendant is enriched when he receives something that he has not paid for under prevailing market conditions, while a claimant suffers a loss when he loses the opportunity to charge for something under the same conditions. A counterfactual test – asking whether enrichment and loss arise ‘but for’ each other – provides the best generalisation for testing whether enrichment and loss are connected, thereby satisfying the requirements of attribution in unjust enrichment.
ООО "Логосфера " Тел:+7(495) 980-12-10 www.logobook.ru
