
Transferred Loss
Claiming Third Party Loss in Contract Law
Hannes Unberath(Author)
Hart Publishing
Published on 10. April 2003
Book
Hardback
273 pages
978-1-84113-370-6 (ISBN)
Description
Sometimes a breach of contract causes loss to a third party. This book takes a comparative approach to the question when the third party can recover that loss directly,and when the promisee can recover it. The second issue has arisen in carriage of goods, bailment, insurance and agency, and is becoming increasingly significant in construction law, as the recent decision in Alfred McAlpine Construction Ltd v. Panatown Ltd shows. The principal aim is to clarify whether and when a promisee is allowed to recover damages on behalf of a third party. The book also examines the impact of the Contracts (Rights of Third Parties) Act 1999 and recent judicial decisions seeking to increase the protection of the interest in the performance of the contract. From the Foreword by Lord Goff of Chieveley: "For those lawyers who, in their teaching of contract law or of the law of damages, or in their work as practising lawyers, have to consider problems arising in this difficult field, this book will provide a context which is both stimulating and illuminating."
Reviews / Votes
This is a remarkably detailed study of the complex theoretical issues that arise when a breach of contract causes loss to a third party to that contract. Throughout the text, [Unberath] incorporates comparative materials drawn from German law to show how a civil law system has coped with the same issue concurrently and in isolation from the English common law and has reached solutions similar to those associated with transferred loss... the discussion of the English law is most illuminating and stimulating... Unberath has drawn all together in a remarkable synthetic and precisely written text. Clarity and exactness in expression to the highest degree is evident throughout. This book is a model of clear-headed English common law scholarship ... The high quality of this volume ensures its utility for both academic and practising lawyers in contract law. M.H. Oglivie Canadian Business Law Journal September 2004More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 20 mm
Weight
584 gr
ISBN-13
978-1-84113-370-6 (9781841133706)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Hannes Unberath, D.Phil. (Oxon.), M.Jur. (Oxon.), Assessor, is Wissenschaftlicher Assistent at the Institute of International Law, Ludwig-Maximilians-Universitat Munchen.
Content
Introduction
PART I: RECOVERY OF THE PLAINTIFF'S LOSS
1 Action by the Third Party
2 Action by the Contracting Party: Extending the Notion of Loss
PART II: AVOWED RECOVERY OF THIRD PARTY LOSS: PRECEDENTS AND PRINCIPLES
3 Third Party Loss in German Law
4 Early Approaches to the Problems in English Law
5 The Albazero Principle
6 Mercantile Law-a Broad Perspective on The Albazero Principle
7 The Significance of Agency Reasoning
8 New Developments-Construction Law
PART I: RECOVERY OF THE PLAINTIFF'S LOSS
1 Action by the Third Party
2 Action by the Contracting Party: Extending the Notion of Loss
PART II: AVOWED RECOVERY OF THIRD PARTY LOSS: PRECEDENTS AND PRINCIPLES
3 Third Party Loss in German Law
4 Early Approaches to the Problems in English Law
5 The Albazero Principle
6 Mercantile Law-a Broad Perspective on The Albazero Principle
7 The Significance of Agency Reasoning
8 New Developments-Construction Law