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Transferred Loss

Claiming Third Party Loss in Contract Law

By: Hannes Unberath
Media of Transferred Loss
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Published: 10-04-2003
Format: Hardback
Edition: 1st
Extent: 273
ISBN: 9781841133706
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP : £60.00
 

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Loren Epson

About Transferred Loss

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."

Table Of Contents

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

Reviews

“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

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