| 书目名称 | Gain-based Remedies for Breach of Contract | | 副标题 | A Comparative Analys | | 编辑 | Daniel Zatorski | | 视频video | | | 概述 | Provides a comparative analysis of an emerging problem in contract law.Applies to the work of common law and civil law pracitioners alike.Focuses on both English law and Polish law | | 图书封面 |  | | 描述 | .This book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate..This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland..Since the term ‘compensation’ is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in or | | 出版日期 | Book 2023 | | 关键词 | Gain-Based Remedies; Breach Of Contract; Disgorgement; Damages; Unjust Enrichment; compensatory principle | | 版次 | 1 | | doi | https://doi.org/10.1007/978-3-031-25452-9 | | isbn_softcover | 978-3-031-25454-3 | | isbn_ebook | 978-3-031-25452-9 | | copyright | The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerl |
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发表于 2025-3-21 19:18:23
