... better than the more simplistic answers proffered previously. For abusive self-referral, as distin- guished from kickbacks, the author recommends that civil remedies be favored over criminal prohibitions. She suggests that the doctrine of 'bad faith breach of contract' might appropriately...

...Where the defendant has breached a contract, the claimant can obtain damages which are assessed by reference to any loss or injury which he or she has suffered. In general, the purpose of such damages is to place the claimant in the position he or she would have been in had the contract not been...

... The Principles of the Law of Restitution . Fourth Edition. Graham Virgo, Oxford University Press. © Graham Virgo 2024. DOI: 10.1093/oso/9780198885320.003.0018 This chapter examines the extent to which gain-based remedies can be available for breach of contract. First, the remedy...

...This chapter examines the extent of concurrent liability in tort. In practice, a plea of concurrent tort liability is almost entirely driven by the different limitation rules for actions for breach of contract and for the tort of negligence. In a pure economic loss claim, breach and damage...

...This chapter provides an account of the main delicts targeted at protecting economic interests: inducing breach of contract, causing loss by unlawful means; conspiracy; fraud; and passing-off. The English cases feature heavily in this area and are therefore looked at in detail, but where available...

... Parker Barrington Jr AFL CIO Feinberg Kenneth Nash Daniel Deflategate NFL collective bargaining agreement arbitration professional sports leagues breach of contract antitrust law labor law powers of the league commissioner science and law Many in the legal community espouse the view...

...This chapter considers termination as a remedy for breach of contract under the Principles of European Contract Law (PECL). The PECL provisions on termination for non-performance are similar to Scots and South African law in a number of important respects, not surprisingly in view of the common law...

... and libertarians agree markets at the very least need rules against breaching contracts, fraud, and horizontal price fixing. Many if not most class action lawsuits fall into these categories. compensation of injuries employment law environmental law Food and Drug Administration Iceland social insurance...

... or agreements. However, such statements or agreements may be used to interpret the writing. By codifying a rule on their validity and legal effects, the PICC broke fresh ground and served as a model for later projects for the harmonization of contract law. Breach of contract Construction of contract...

... of the contract. This commentary discusses the requirements for the threat, the consequences of the threat, threats involving third parties, and exclusion of liability for threat. Third parties Breach of contract Construction of contract Interpretation of contract Termination/unwinding of contract Validity...

... may avoid the contract simply by making a unilateral declaration. This commentary discusses the scope of application of Art 3.2.11, how to give notice to the other party, and whether the other party has a duty to reply to the notice. Avoidance of contract Breach of contract Interpretation...

.... Avoidance of contract Breach of contract Interpretation of contract Termination/unwinding of contract Validity of contract Unidroit Principles and choice of law (Retroactive effect of avoidance) Avoidance takes effect retroactively. I. The effect of retroactive avoidance...

.... Avoidance of contract Breach of contract Termination/unwinding of contract Unidroit Principles and choice of law Burden of proof and damages Contract clauses and damages (Damages) Irrespective of whether or not the contract has been avoided, the party who knew or ought to have known of the ground...

... 4.2(1) or Art 4.2(2). Avoidance of contract Breach of contract Interpretation of contract Validity of contract Unidroit Principles and choice of law Burden of proof and damages (Interpretation of statements and other conduct) (1) The statements and other conduct of a party...

... given to terms and conditions in the trade concerned, usages, and policy arguments. This commentary also discusses the weight of the relevant circumstances and the burden of proof of the party that wishes to rely on a relevant circumstance in support of a particular interpretation. Breach of contract...

... of proof relating to termination, and effects of termination. Breach of contract Interpretation of contract Performance of contract Termination/unwinding of contract Unidroit Principles and choice of law Types of loss and damages (Right to terminate the contract) (1) A party...

... to terminate, including a notice of termination, as well as the effects of termination. Breach of contract Interpretation of contract Performance of contract Termination/unwinding of contract Unidroit Principles and choice of law Types of loss and damages (Anticipatory non-performance...

... is excused. The articles in Section 7.4 build upon, and in places develop, the rules to be found in the United Nations Convention on Contracts for the International Sale of Goods (CISG). Breach of contract Interpretation of contract Performance of contract Unidroit Principles and choice of law...

... party to prove that it has suffered the harm in respect of which the claim has been brought, that (for example, in the case of non-pecuniary harm) it is entitled to recover damages in respect of that loss, and that the harm was suffered as a result of the defendant's non-performance. Breach of contract...

... certainty and the requirement that there be a causal link between the harm and the non-performance. The burden of proof is upon the aggrieved party to establish both the existence and the extent of the harm with a reasonable degree of certainty. Breach of contract Interpretation of contract Performance...