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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Measuring Damages in the Law of Obligations - The Search for Harmonised Principles (Hardcover, New)
Loot Price: R4,028
Discovery Miles 40 280
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Measuring Damages in the Law of Obligations - The Search for Harmonised Principles (Hardcover, New)
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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 (1) remoteness of
damage, which is the question of whether, when and to which degree
damage needs to be foreseeable to be recoverable; (2) the
compensability of non-pecuniary loss such as pain and suffering,
distress and loss of reputation; (3) 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; (4) the circumstances under which victims of wrongs can
claim the gain the wrongdoer has made from the wrong; and (5) 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.
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