Rethinking the Law of Contract Damages

Author: Victor P. Goldberg
Publisher: Edward Elgar Publishing
ISBN: 9781800881365

Published In: December 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781789902501

List Price: HKD 467.35

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Description
Contents

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.

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