Damages for Loss of Profits in UK Law
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Negotiating Damages after One Step: Employment Team Move and Misuse of Confidential Information Cases
... ... of the difficulties associated with ordinary contractual damages for loss of profits, even on a loss of a chance basis. Secondly, by reducing the ... ...
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Measures in Misrepresentation: Recent Steps in Awarding Damages
... ... which he, the plaintiff, has relied and thereby suffered a loss. Although liability under the Act is relatively easy to ... difference between the two concerns the recovery of lost profits. On the face of it, profits are an expectation loss,29 and ... ...
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The Achilleas: Custom and Practice or Foreseeability?
... ... The owners claimed, as damages for late redelivery, the difference between what ... either of that opinion or at something of a loss to explain why we were not. How, then, did we ... and dyeing business, were liable for the profits the boiler could have been used to earn during ... ...
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Two Problems In Damages
... ... It would not be proper to cast the loss of this extra profit upon the defendant without showing that ... has also been applied to compensation for loss of profits arising from the exercise of statutory power^,'^ and to damages ... ...
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Pacta Sunt Servanda: Contrasting Disgorgement Damages with Efficient Breaches under Article 74 CISG
The contractual remedy of disgorgement damages has increasingly gained acceptance in international legal practice. Disgorgement of profits can result from a situation in which contractual breach is...... ... Disgorgement of profits can result from a situation in which contractual breach is incentivised ... This differs from compensatory damages focusing solely on the loss of the aggrieved party. The calls for acceptance of disgorgement damages ... ...
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Civil Actions by Shareholders against an Insolvent Issuer: Soden v British & Commonwealth Plc
X acquires securities of a company, Y plc. It transpires that Y plc has induced X to acquire the securities by a misrepresentation as to the underlying asset worth of Y plc. Y plc subsequently goes...... ... Should X's claim against Y plc for damages arising from the misrepresenta-tion be ... which were designed to reflect the loss suffered by the parent arising from the ... of a member) by way of dividends, profits or otherwise' within the meaning of s. 74(2)(f) ... ...
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Morris-Garner v One Step (Support) Ltd: Limiting the Scope of Gain-Based Damages
... ... Damages therefore look to the pursuer's loss not the defender's gain, with the classic formulation of the measure of ... on the basis of a hypothetical release fee amounting to 5% of the profits made by the developer, a sum the court reckoned the developer might ... ...
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IN DEFENCE OF LORD DEVLIN
... ... Barnurd of exemplary damages as arn anomalous feature of English ... waiver of tort and an account of profits. The long established remedy by way ... been matched by an equivalent loss to the plaintiff 45 ; so too claims ... ...
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Profits from Wrongdoing: Private and Public Law Perspectives
... ... of contract, thereby qualifying the principle that the purpose of damages awarded for breach of contract is simply to cover the losses of the ... entitled in contract law to nominal damages for this breach since no loss could be established. The argument was, however, that, in the ... ...
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Reconsidering Transferred Loss
The Supreme Court's recent reconsideration of the ‘transferred loss’ exception stopped short of clarifying why it is justified at all. The usual candidates are that it applies to loss transferred w...... ... for loss suffered by third parties, but is obliged to pass on the damages he recovers. The Supreme Court in Swynson Ltd v Lowick Rose LLP ... ...
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