Comparative analysis of some aspects of assessment of damages for contractual breaches in England and Wales, Australia and New Zealand

Comparative analysis of some aspects of assessment of damages for contractual breaches in England... Purpose – The paper aims to examine the judicial approach to some aspects of contract damages in England and Wales, Australia and New Zealand. Design/methodology/approach – The paper is an analysis of judgments of the three jurisdictions and academic commentary. Findings – Generally, there is uniformity in the assessment of damages in the jurisdictions discussed as is illustrated with liquidated damages and the adherence to the judgment of the House of Lords. However, the same adherence is not evident in the case of lower court judgments in the controversial area of “consequential loss”. Although not a remedy, it is an integral part of the assessment of damages process when included in exception clauses. Originality/value – The research highlights the need for knowledge of the legal issues to ensure that the contract covers what is intended so that a party is not without a remedy when the contract fails. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal of Law in the Built Environment Emerald Publishing

Comparative analysis of some aspects of assessment of damages for contractual breaches in England and Wales, Australia and New Zealand

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Publisher
Emerald Publishing
Copyright
Copyright © 2011 Emerald Group Publishing Limited. All rights reserved.
ISSN
1756-1450
DOI
10.1108/17561451111148239
Publisher site
See Article on Publisher Site

Abstract

Purpose – The paper aims to examine the judicial approach to some aspects of contract damages in England and Wales, Australia and New Zealand. Design/methodology/approach – The paper is an analysis of judgments of the three jurisdictions and academic commentary. Findings – Generally, there is uniformity in the assessment of damages in the jurisdictions discussed as is illustrated with liquidated damages and the adherence to the judgment of the House of Lords. However, the same adherence is not evident in the case of lower court judgments in the controversial area of “consequential loss”. Although not a remedy, it is an integral part of the assessment of damages process when included in exception clauses. Originality/value – The research highlights the need for knowledge of the legal issues to ensure that the contract covers what is intended so that a party is not without a remedy when the contract fails.

Journal

International Journal of Law in the Built EnvironmentEmerald Publishing

Published: Jul 12, 2011

Keywords: Comparative damages issues; Liquidated; Consequential loss; Damages; England; Wales; Australia; New Zealand

References

  • Unconscionability in contracts
    Waddams, S.M.

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