Read e-book online Commercial Litigation: Damages and Other Remedies for Breach PDF

By Rachel Burnett

ISBN-10: 1854187481

ISBN-13: 9781854187482

This useful file comprises money owed of the entire latest vital circumstances and highlights major adjustments within the means that the courts now verify damages.

It units out a scientific strategy for assessing the treatments to be had for varied kinds of breach of agreement, what the treatments suggest by way of reimbursement and the way the reimbursement is calculated. It additionally examines contemporary case legislation in addition to vintage past instances and explores the problems concerned. The record offers a variety of examples of powerful drafting of phrases for controlling and restricting treatments – in addition to illustrating the kind of terrible drafting to be avoided.

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Read Online or Download Commercial Litigation: Damages and Other Remedies for Breach of Contract PDF

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Extra info for Commercial Litigation: Damages and Other Remedies for Breach of Contract

Sample text

That means that damages can be recovered to compensate both for loss suffered in consequence of those breaches that preceded acceptance of the repudiation, and for the loss of the opportunity of performance by the other party of its outstanding obligations under the contract. Reliance loss Sometimes the loss of expectation is difficult to assess or prove. It may be too speculative to establish the expectation or profit that would have been realised if the contract had been performed. An alternative means of assessment for these situations is ‘reliance loss’.

International Galleries [1950] 2 KB 86 52 A THOROGOOD SPECIAL BRIEFING 6 OTHER REMEDIES Rectification Rectification is a remedy where, in certain circumstances, the court modifies erroneous contract wording to reflect the true agreement between the parties. One party may be mistaken as to the wording, known as unilateral mistake; or both parties may be mistaken, known as common mistake. If both parties have not reached genuine agreement because they are at cross-purposes and have not agreed definite terms, there is no binding contract.

Nevertheless it may be recognized for compensation if it is removed by the defective performance. ’ 44 41 Staughton J in Hayes v James and Charles Dodd [1990] 2 All ER 815 (CA) 42 Ruxley Electronics and Construction Ltd v Forsyth [1995] 3 WLR 118 43 Lord Lloyd in Ruxley Electronics and Construction Ltd v Forsyth [1995] 3 WLR 118 44 Lord Jauncey in Ruxley Electronics and Construction Ltd v Forsyth [1995] 3 WLR 118 40 A THOROGOOD SPECIAL BRIEFING 5 SPECIFIC KINDS OF AWARDS Mr. Forsyth did not succeed in his counterclaim.

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Commercial Litigation: Damages and Other Remedies for Breach of Contract by Rachel Burnett

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