Supplemental Damages in Private International Law:The Awarding of Interest, Attorneys' Fees and Costs, Punitive Damages and Damages in Foreign Currency Examined in the Comparative and International Context
Supplemental Damages in Private International Law:The Awarding of Interest, Attorneys' Fees and Costs, Punitive Damages and Damages in Foreign Currency Examined in the Comparative and International Context

Author: John Gotanda

Publisher: Kluwer Law International B.V.

Published: 1998-12-02

Total Pages: 262

ISBN-13: 9041106456

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Supplemental Damages in Private International Law guides the reader through complex damages issues and their treatment around the glove. This is the first contemporary book to exclusively and comprehensively examine issues and problems presented in determining compensatory interest, moratory interest, damages in the comparative and international context, and issues arising from the awarding of damages in foreign currency. Attorneys, arbitrators, judges, and scholars will value Supplemental Damages in Private International Law as a timesaving, one-stop resource on how different legal systems address damages issues.

Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration

Author: Christina L. Beharry

Publisher: BRILL

Published: 2018-04-03

Total Pages: 516

ISBN-13: 9004357793

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Damages and other forms of redress are the object of nearly every international investment dispute. Given the financial stakes in these cases, compensation is a key concern for both foreign investors and States. The increasingly large sums awarded and the growing complexity of claims call for a renewed analysis of legal and valuation concepts related to damages. Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence. A central contribution of this book is its exploration of cutting-edge issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law. This volume brings together leading practitioners, experts, and academics with extensive experience working on issues related to the law of damages and the quantification of compensation. Readers are provided with a deeper understanding of legal and valuation principles that are often the source of intense debate in international investment cases.

The Law of Damages
The Law of Damages

Author: A. M. Tettenborn

Publisher:

Published: 2010

Total Pages: 992

ISBN-13: 9781405751094

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This second edition is an essential text on the Law of Damages, providing a comprehensive and authoritative account of the legal principles to be applied in assessing damages. It examines the current law and also highlights areas for possible future development. The text covers all the key areas and general principles of damages making it an essential text for both practitioners and academics.Written by leading academics and QCs, this essential text on the Law of Damages provides a comprehensive and authoritative account of the legal principles to be applied in assessing damages. It examines the current law and highlights areas for possible future development. Commentary has been extensively updated to include:* Two new chapters: Contracts for the Benefit of Third Parties and Penalties and Liquidated Damages* A detailed and incisive consideration of the post-April 2005 periodic payment regime and particular consideration of the decision of the Court of Appeal in Thompstone v. Tameside* A Practitioner's insight into the complexity of the deduction of state benefits in high value claims with particular reference to the decision in Crofton v. National Health Service Litigation Authority* A helpful guide for practitioners to the assessment of general damages utilising the JSB Guidelines, Eighth edition* A comprehensive review of all the up-to-date authorities on assessment of damages, both special and future loss, in personal injury claimsThe book is part of the Common Law menu which is supported by annual updates.

Principles of European Tort Law
Principles of European Tort Law

Author: European Group on Tort Law

Publisher: Springer

Published: 2009-09-02

Total Pages: 282

ISBN-13: 9783211100103

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The European Group on Tort Law presents the results of its extensive research project, the Principles of European Tort Law. They were drafted on the basis of several comparative studies on the most fundamental questions of tortious liability and the law of damages. The Principles are not a mere restatement of the common core of tort law in Europe, but rather a proposal for a comprehensive system of tortious liability for the future, though necessarily linked to existing regimes. They are meant to stimulate discussion both among academics and practitioners and could serve as guidelines for national legislatures, thereby fostering gradual harmonization. The text of the Principles, which is offered in English and several other languages, is accompanied by commentaries on the various parts elaborating their intended meaning and interplay.

Remedies
Remedies

Author: Jamie Cassels

Publisher: Essentials of Canadian Law

Published: 2014

Total Pages: 627

ISBN-13: 9781552213599

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The law of judicial remedies, which includes the law of damages, ranges over the entire field of substantive private law, including the law of contract, tort, and property. In a pragmatic sense, an examination of the issue of remedies is crucial to civil litigators in that it provides critical insights into specific legal rules and arrangements. From a theoretical perspective, an understanding of the principles governing the choice of remedies and the methods of quantifying damages reveals much about the nature of the common law process. Remedies: The Law of Damagesis both a succinct handbook for the practitioner and a rich entry point to the study of judge-made law. Highlights in the third edition include recent developments regarding remedies for breach of contract with alternative modes of performance and wrongfully dismissed employees' entitlement to discretionary benefits. There have been substantial revisions to chapters dealing with damages for personal injury, restitutionary remedies, certainty and causation, remoteness of damages, mitigation, and reasonableness of liquidated damages clauses.

Justice in Transactions
Justice in Transactions

Author: Peter Benson

Publisher: Belknap Press

Published: 2019-12-17

Total Pages: 625

ISBN-13: 0674237595

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“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.