Contract Damages: Domestic and International Perspectives

Description

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, raise important and topical issues relating to the law of contract damages from both theoretical and practical perspectives. The book informs readers of current developments, problems, trends, and debates surrounding contract damages. It reflects an ongoing dialogue on damages among representatives of common law, civil law, and 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 damages, and the relationship between changes in monetary value and the assessment of damages.