Contract Damages: Domestic and International Perspectives

by Djakhongir Saidov (Editor), Ralph Cunnington (Editor)

Overview

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

Product Details

ISBN-13:	9781841137414
Publisher:	Bloomsbury Academic
Publication date:	06/01/2008
Pages:	532
Product dimensions:	6.50(w) x 9.30(h) x 1.50(d)

About the Author

Djakhongir Saidov is a lecturer in law at the University of Birmingham.
Ralph Cunnington is a lecturer in law at the University of Birmingham.

Table of Contents

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 KC
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

Editorial Reviews

This collection of essays is one result of a conference in June 2007 in Birmingham University's attractive Business School, part of which I had the pleasure of chairing. Their focus is on a traditionally somewhat neglected field, but one of domestic and international significance to which increasing attention has rightly been addressed in recent years.The essays take damages in the widest (perhaps even controversial) sense of the word, with a number of papers tackling the border territory where 'restitutionary damages' may represent an alternative to reliance and expectation measures. This is territory where, since the House of Lords' decision in Attorney General v Blake in 2000, no practitioner can afford to be lost. But the maps are still being written, with academic assistance playing an invaluable role. The courts will for some time be engaged in implementing Lord Steyn's injunction in Blake to hammer out 'on the anvil of concrete cases' exceptions to the general principle that there is no remedy for disgorgement of profits in cases of breach of contract.

The whole collection includes essays by a range of distinguished experts which address not only the philosophical underpinning of the law of damages, but also more specifically topics such as the UN Convention on the International Sale of Goods and UNIDROIT principles. Together, these essays represent a valuable, informative and stimulating body of material, for both study and reference. The organisers, Ralph Cunnington and Djakhongir Saidov, are to be congratulated for arranging the conference and marshalling, as a result, a most interesting set of contributions to learning in this important field.” —Lord Mance

“The work is an informative source of information for current developments, problems, trends and debates surrounding contract damages.” —Anthony Lo Surdo, Australian Banking and Finance Law Bulletin, Vol 24, No 4

“...there is simply not space to do justice to the volume's many noteworthy contributions...” —David Winterton, Law Quarterly Review, Vol 125

“...this is certainly a collection of essays worth having in one's library.” —Tham Chee Ho, Singapore Jourbanal of Legal Studies

“The publisher, Hart Publishing, should be complimented for this excellent product...This book goes a considerable way towards opening our eyes to the complexities of the damages question in modern contract law. This is a book for academics and practitioners alike. For those involved in the field it is an important summation of the state of play.” —Donald Robertson, Jourbanal of Contract Law

“...a rich, diverse and stimulating body of works that provokes the reader to rethink and rediscover the law of contract damages...The book's meticulous and critical treatment of the law as it stands in different legal systems and under different international instruments will give the reader not only a firm grasp of the current problems, but also a sure foundation for dealing with novel ones as they arise.” —Pey-Woan Lee, Jourbanal of Business Law, Volume 5, 2009

“... a highly improving read which should leave even the most demanding remedies buff satisfied.” —Andrew Tettenborn, Bracton Professor of Law, University of Exeter, Lloyd's Maritime and Commercial Law Quarterly

From the Publisher