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This may be only a personal impression that is unsupported by any empirical evidence.…
One common feature of many legal systems is that damages for breach of contract aim…
For at least one part of that test – the determination of the situation that would…
In certain cases, this is not necessarily very difficult. For example, where a party…
For other claims, even the determination of the quantum of the loss cannot be a straightforward…
■ The quantum of the loss claimed cannot be established with certainty because it…
■ The quantum of the loss claimed can be established with certainty, but there is…
■ The quantum of the loss claimed can in theory be established with certainty, but because of the complexity of the loss at issue and/or because of the volume of evidence to analyse, no certainty is achievable in practice (for…
Whilst, of course, no claims can be awarded without solid evidence being provided,…
This leads us to a related issue: under most legal systems, judges and arbitrators…
However, contractors should be very wary of relying on legal doctrines or statutory…
These remarks having been made, let us take some selected examples of claims that,…
