Rethinking the Law of Contract Damages

Contract Law › Tort / Personal Injury

Rethinking the Law of Contract Damages

By Victor P. Goldberg
Edward Elgar Publishing December 2020

Specifications

ISBN-13
9781800881365
Publisher
Edward Elgar Publishing
Publication
December 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.

In analyzing direct damages, the author treats the problem as pricing the option to terminate. This sheds light on the question of the date at which damages should be measured and the role of post-breach information in damage assessment. It shows how the treatment of the so-called lost volume seller in both countries results in the court constructing an absurd contract, setting an option price with perverse characteristics. Goldberg then considers two questions regarding consequential damages—the enforceability of consequential damages exclusion clauses and whether the lost profits claims of new businesses should be rejected.

Contracts professors, judges, lawyers and law students will be inspired by this volume to rethink the law of contract damages.

Table of Contents

Introduction
Part 1. Direct Damages
1. Reckoning Contract Damages: Valuation Of The Contract As An Asset
2. After The Golden Victory: Still Lost at Sea
3. The Lost Volume Seller, US
4. The Lost Volume Seller, UK
5. British Westinghouse and The New Flamenco: Misunderstanding Mitigation
6. The Middleman’s Damages Revisited
7. Contract Damages when there are Sub-Sales, UK
8. Rethinking Jacob and Youngs v. Kent
Part 2. Indirect Damages
9. Victoria Laundry’s Dirty Linen
10. Consequential Damages and Exclusion Clauses, US
11. Consequential Damages and Exclusion Clauses, UK
12. The New Business Rule and Compensation for Lost Profits
Bibliography
Index
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