Currencies:HKD

You have no items in your shopping cart.

Measuring Damages in the Law of Obligations: The Search for Harmonised Principles

Measuring Damages in the Law of Obligations The Search for Harmonised Principles

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781841138633
  • Published In: July 2010
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
Out of stock
OR
  • Description 

Details

This book challenges certain differences between contract, tort and equity in relation to the measure (in a broad sense) of damages.

Damages are defined as the monetary award made by a court in consequence of a breach of contract, a tort or an equitable wrong. In all these causes of action, damages usually aim to put the claimant into the position the claimant would be in without the wrong. Even though the main objective of damages is thus the same for each cause of action, their measure is not.

While some aspects of the measure of damages are more or less harmonised between contract, tort and equity (e.g. causation in fact and mitigation), significant differences exist in relation to:-

  • Remoteness of damage, which is the question of whether, when and to which degree damage needs to be foreseeable to be recoverable;
  • The compensability of non-pecuniary loss such as pain and suffering, distress and loss of reputation;
  • The effect of contributory negligence, which is the victim's contribution to the occurrence of the wrong or the ensuing loss through unreasonable conduct prior to the wrong;
  • The circumstances under which victims of wrongs can claim the gain the wrongdoer has made from the wrong; and
  • The availability and scope of exemplary (or punitive) damages.
For each of the five topics, this book examines the present position in contract, tort and equity and establishes the differences between the three areas. It goes on to scrutinise the arguments in defence of existing differences. The conclusion on each topic is that the present differences between contract, tort and equity cannot be justified on merits and should be removed through a harmonisation of the relevant principles.

You may also be interested in these books:

Hong Kong Company Secretary's Practice Manual, 6th Edition
Hong Kong Company Secretary's Practice Manual, 6th Edition

List Price: HKD 1,480.00

HKD 1,435.60 Save HKD 44.40 (3%)

Hong Kong Company Secretary Checklist, 2nd Edition
Hong Kong Company Secretary Checklist, 2nd Edition

List Price: HKD 1,380.00

HKD 1,338.60 Save HKD 41.40 (3%)

Hong Kong Civil Procedure 2026 (The White Book)
Hong Kong Civil Procedure 2026 (The White Book)
HKD 13,690.00
Hong Kong Civil Court Practice (Desk Edition 2026)
Hong Kong Civil Court Practice (Desk Edition 2026)

List Price: HKD 4,900.00

HKD 4,165.00 Save HKD 735.00 (15%)

Construction Industry Security of Payment Ordinance in Hong Kong (Hardcopy + e-book)
Construction Industry Security of Payment Ordinance in Hong Kong (Hardcopy + e-book)

List Price: HKD 1,700.00

HKD 1,445.00 Save HKD 255.00 (15%)

Criminal Litigation in Hong Kong, 5th Edition (Hardcopy + e-book)
Criminal Litigation in Hong Kong, 5th Edition (Hardcopy + e-book)

List Price: HKD 1,750.00

HKD 1,697.50 Save HKD 52.50 (3%)

Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
HKD 3,639.00
The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)
The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)

List Price: HKD 551.00

HKD 534.47 Save HKD 16.53 (3%)

Civil Litigation in Hong Kong, 7th Edition (Hardcopy + e-book)
Civil Litigation in Hong Kong, 7th Edition (Hardcopy + e-book)

List Price: HKD 2,200.00

HKD 1,760.00 Save HKD 440.00 (20%)

Butterworths Hong Kong Company Law Handbook, 27th Edition
Butterworths Hong Kong Company Law Handbook, 27th Edition

List Price: HKD 5,040.00

HKD 4,888.80 Save HKD 151.20 (3%)

Hong Kong Family Court Practice, 5th Edition
Hong Kong Family Court Practice, 5th Edition

List Price: HKD 3,020.00

HKD 2,929.40 Save HKD 90.60 (3%)

Butterworths Hong Kong Discrimination Law Handbook, 4th Edition
Butterworths Hong Kong Discrimination Law Handbook, 4th Edition

List Price: HKD 1,500.00

HKD 1,455.00 Save HKD 45.00 (3%)

Sentencing in Hong Kong, 11th Edition
Sentencing in Hong Kong, 11th Edition

List Price: HKD 3,580.00

HKD 3,472.60 Save HKD 107.40 (3%)

Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition
Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition

List Price: HKD 2,280.00

HKD 2,211.60 Save HKD 68.40 (3%)

Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)
Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)

List Price: HKD 2,500.00

HKD 2,425.00 Save HKD 75.00 (3%)

Clough & Clough on Personal Injuries
Clough & Clough on Personal Injuries

List Price: HKD 1,500.00

HKD 1,455.00 Save HKD 45.00 (3%)

Hong Kong Personal Insolvency Manual, 3rd Edition
Hong Kong Personal Insolvency Manual, 3rd Edition

List Price: HKD 2,000.00

HKD 1,940.00 Save HKD 60.00 (3%)

Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition
Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition

List Price: HKD 1,800.00

HKD 1,746.00 Save HKD 54.00 (3%)

A Practical Guide to Resolving Shareholder Disputes, 2nd Edition
A Practical Guide to Resolving Shareholder Disputes, 2nd Edition

List Price: HKD 1,800.00

HKD 1,746.00 Save HKD 54.00 (3%)

Hong Kong Company Law, 15th Edition
Hong Kong Company Law, 15th Edition

List Price: HKD 492.00

HKD 477.24 Save HKD 14.76 (3%)