£95.00

Mitigation in the Law of Damages

Law

Price data last checked 87 day(s) ago - refreshing...

View at Amazon

Price History & Forecast

Last 4 days • 4 data points (No recent data available)

Historical

Generating forecast...

Price Distribution

Price distribution over 4 days • 1 price levels

Days at Price

Price Analysis

Most common price: £95 (4 days, 100.0%)

Price range: £95 - £95

Price levels: 1 different prices over 4 days

Description

The law of mitigation determines how a claimant's own response to a breach affects the damages they can recover. It responds to the basic accusation: 'although I did wrong, you made things worse'. Mitigation applies to all claims for compensation, regardless of the claimant's cause of action and irrespective of the defendant's level of fault. It is amongst the most litigated doctrines in private law and has significant implications for general theories of damages, and yet has received relatively little scholarly attention to date. Mitigation in the Law of Damages provides the first comprehensive theoretical and doctrinal treatment of this important area of the law in any common law jurisdiction. It argues that contrary to the leading texts on damages, judges have been right all along to explain mitigation as an aspect of causation. But to see why, we must look beyond the 'but-for' concept of causation and understand the 'common-sense' causal principles used to attribute responsibility outside the law. This approach reveals a new understanding of the rules of mitigation and their relation to other doctrines. The implications are wide-ranging. First, mitigation applies symmetrically to benefits as well as harms, and encompasses a variety of damages doctrines that have previously been regarded as distinct. Second, the new account of mitigation advances our understanding of the legal concepts of causation, choice, and loss, and calls for a re-evaluation of existing theories of damages. Third, the book revives and develops arguments from Hart and Honoré's ground-breaking work 'Causation in the Law', with implications for every area of law where causal reasoning is invoked. Original and thought-provoking, Mitigation in the Law of Damages restates and explains the law of mitigation in a way that is accessible to both academics and practitioners.

Product Specifications

Format: Hardcover
ASIN: 0198825331
Category: Books > Subjects > Business, Finance & Law > Law
Domain: Amazon UK
Release Date: 14 November 2024
Listed Since: 09 October 2018

Barcode

No barcode data available

Mitigation in the Law of Damages

Price History & Forecast

Price Distribution

Price Analysis

Description

Product Specifications

Barcode

Similar Products You Might Like

Measuring Damages in the Law of Obligations: The Search for Harmonised Principles

Bloomsbury Contract Damages: Domestic and International Law

Damages for Breach of Contract

Rights, Wrongs, and Injustices: The Structure of Remedial Law (Oxford Private Law Theory)

Causation and Responsibility: An Essay in Law, Morals, and Metaphysics

Causation and Responsibility: An Essay in Law, Morals, and Metaphysics

Omissions in Tort Law (Oxford Private Law Theory)

Springer Unification of Tort Law: Damages - Legal Series

Unification of Tort Law: Causation (Principles of European Tort Law Set)

The Action for Damages in Community Law

Wrongs and Remedies in the Twenty-First Century

The Law of Contract Damages

Contributory Negligence

The Law of Property Damage

Causation in Insurance Contract Law (Contemporary Commercial Law)

Damages, Recoveries and Remedies in Shipping Law (Maritime and Transport Law Library)

Personal Injury Schedules: Calculating Damages

Damages and Human Rights: A Tort-Based Approach (Hart Studies in Private Law)

Reasonableness and Risk: Right and Responsibility in the Law of Torts

The Foundations of Restitution for Wrongs

Fundamentals of Criminal Law: Responsibility, Culpability, and Wrongdoing

Causation in European Tort Law - Cambridge University Press

Cases and Materials on the Law of Restitution

Routledge - The Law of Intervening Causation Law Book