Rethinking the law of contract damages

Resource Information

The work Rethinking the law of contract damages represents a distinct intellectual or artistic creation found in European University Institute Library. This resource is a combination of several types including: Work, Language Material, Books.

Label

Rethinking the law of contract damages

Statement of responsibility

Victor P. Goldberg (Jerome L. Greene Professor Emeritus of Transactional Law, Columbia University, US)

Creator

• Goldberg, Victor P

Subject

• Breach of contract -- Great Britain
• Breach of contract -- United States
• Damages -- Great Britain
• Damages -- United States

Language

eng

Summary

"In this series of essays 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 US and 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"--

Assigning source

Provided by publisher

Cataloging source

DLC

Index

index present

Literary form

non fiction

Nature of contents

• dictionaries
• bibliography

Series statement

• Rethinking law series
• ElgarOnline eBooks