Transferred Loss

Claiming Third Party Loss in Contract Law

Inbunden, Engelska, 2003

1 429 kr

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Sometimes a breach of contract causes loss to a third party. This book takes a comparative approach to the question when the third party can recover that loss directly,and when the promisee can recover it. The second issue has arisen in carriage of goods, bailment, insurance and agency, and is becoming increasingly significant in construction law, as the recent decision in Alfred McAlpine Construction Ltd v. Panatown Ltd shows. The principal aim is to clarify whether and when a promisee is allowed to recover damages on behalf of a third party. The book also examines the impact of the Contracts (Rights of Third Parties) Act 1999 and recent judicial decisions seeking to increase the protection of the interest in the performance of the contract. From the Foreword by Lord Goff of Chieveley: "For those lawyers who, in their teaching of contract law or of the law of damages, or in their work as practising lawyers, have to consider problems arising in this difficult field, this book will provide a context which is both stimulating and illuminating."

Produktinformation

Utgivningsdatum2003-04-10
Mått156 x 234 x 21 mm
Vikt584 g
FormatInbunden
SpråkEngelska
Antal sidor273
FörlagBloomsbury Publishing PLC
ISBN9781841133706

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Skada, kränkningar och kompensation inom Juridik
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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