Transferred Loss

Hannes Unberath, D.Phil. (Oxon.), M.Jur. (Oxon.), Assessor, is Wissenschaftlicher Assistent at the Institute of International Law, Ludwig-Maximilians-Universitat Munchen.

• IntroductionPART I: RECOVERY OF THE PLAINTIFF’S LOSS1 Action by the Third Party2 Action by the Contracting Party: Extending the Notion of LossPART II: AVOWED RECOVERY OF THIRD PARTY LOSS: PRECEDENTS AND PRINCIPLES3 Third Party Loss in German Law4 Early Approaches to the Problems in English Law5 The Albazero Principle6 Mercantile Law—a Broad Perspective on The Albazero Principle 7 The Significance of Agency Reasoning8 New Developments—Construction Law

This is a remarkably detailed study of the complex theoretical issues that arise when a breach of contract causes loss to a third party to that contract. Throughout the text, [Unberath] incorporates comparative materials drawn from German law to show how a civil law system has coped with the same issue concurrently and in isolation from the English common law and has reached solutions similar to those associated with transferred loss... the discussion of the English law is most illuminating and stimulating... Unberath has drawn all together in a remarkable synthetic and precisely written text. Clarity and exactness in expression to the highest degree is evident throughout. This book is a model of clear-headed English common law scholarship ... The high quality of this volume ensures its utility for both academic and practising lawyers in contract law. M.H. Oglivie Canadian Business Law Journal September 2004