Remedies for damage to property: money damages or restitution in natura?

Zervogianni, Eleni

doi:10.1016/j.irle.2005.01.008

Cited by 4 publications

(4 citation statements)

References 24 publications

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“…To understand the Penalty let us look at the case of Ford Motor Co. v. Armstrong, here the defendant was a retailer who use to procure supplies of the car and its parts from the plaintiff, the contract between both parties stated that the defendant will not sell any item below the listed price and if the above clause is preached then their defendant will be liable to pay 250 pounds to the plaintiff. When the term was breached then the case went to the court of appeal there the court of appeal held it to be a stipulation of Penalty as there was a possibility that a part sold by the defendant has lesser value than the damages payable (Jacobi & Weiss, 2013Zervogianni, 2004. Thus, a penalty is not an exact calculation of damages rather than it is a kind of punishment which the parties formulate so that the risk of a breach is minimized.…”

Section: Penalty As a Remedy And Its Applications During The Pandemicmentioning

confidence: 99%

Effect of pandemic on performance of contracts and remedies to the cases of breach

Dubey

Dimri²

2021

lingcure

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There would hardly be any walk of life which has gone unaffected by the COVID-19 pandemic. Its effect on the performance of contracts has also attracted legal questions and practical balancing of interests. In deciding whether a sum stipulated to be paid in case of breach of contract is liquidated damages or penalty to secure performance of the contract, intention of party is an important factor in determining but not always controlling one. Substantially, remedies are given by actions in cases of performance of contracts. The nature of the contract determines the kind of remedies. The article demonstrates the structure of damages, penalty-default theory as derived from Hadley v. Baxendale. It also analyses the effects brought in by the Covid-19 pandemic over the award of damages. By this article, the authors aim to analyze the two most crucial aspects of the Indian Contract Act ie. Performace, frustration, and award of damages. The article attempts to scrutinize the dimensions and ways in which these words can be interpreted and applied. In this paper, the author will rely on critical and comparative analysis. For certain empirical demands of the topic, already published data and information will be relied on and acknowledged.

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Section: Penalty As a Remedy And Its Applications During The Pandemicmentioning

confidence: 99%

Effect of pandemic on performance of contracts and remedies to the cases of breach

Dubey

Dimri²

2021

lingcure

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“…Obviously, these incentives are greatly determined by the amount of damages the liable injurer has to pay. The desired incentives might also be provided by compensation in other forms than money damages, such as the duty to repair damaged property or to demolish an unlawfully built structure (Zervogianni, 2004). For instance, in a case of Fadahunsi Koko and A. I. Ukhure and state board of education, Benin city, the first defendant, a teacher, injured a student, making him lose of is eyes in the process of administering corporal punishment.…”

Section: Tort Liabilitymentioning

confidence: 99%

The Concept of Tort Liability in Education: What the Teacher Should Know

Koko

Nkemjika

2021

EJES

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The study discussed the concept of tort liability as regards to education with a definite focus on its implication for teachers. Torts was simply described as civil wrong which could range from negligence, intentional and strict tort. Tortious liability arises out of breach of duty primarily fixed by the law. This duty is towards persons generally and its breach is redressable by an action for unliquidated damages. School tort liabilities may arise from the following incidents school bus accidents, children injured while crossing school crosswalks, food poisoning from school meals, exposure to hazardous material or chemicals, failure to evacuate children properly, slip and falls on school premises. The study recommended that the teacher should be aware of duties of supervision, duties of instruction, duties to protect and awareness of the health condition of students in the class. Article visualizations:<img src="/-counters-/edu_01/0796/a.php" alt="Hit counter" />

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“…For example, if I avoid with my bicycle traffic-intensive roads but nevertheless get hit by a car, no court on earth will compensate me for the many hours lost in the past (and future) for avoiding the shortest but more accident-prone route. 4 For example, Ng (2007) finds it also natural that "B [pollutee] clearly has the incentives to exaggerate the amount of the damage sustained" even under a tax regime and without any explicit reference to nonverifiable damages and Zervogianni (2004) writes, "the victim will never voluntarily reveal his true subjective costs; instead, he has incentives to overstate them so that he can benefit from higher compensation."…”

Section: Case 1-outside Optionsmentioning

confidence: 99%

“…4 4 For example, Ng (2007) finds it also natural that “B [pollutee] clearly has the incentives to exaggerate the amount of the damage sustained” even under a tax regime and without any explicit reference to nonverifiable damages and Zervogianni (2004) writes, “the victim will never voluntarily reveal his true subjective costs; instead, he has incentives to overstate them so that he can benefit from higher compensation.” …”

mentioning

confidence: 99%

Comparing Environmental Policy Instruments Within an Incomplete Contract Framework

Wirl

2013

J Public Economic Theory

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This paper compares three different legal means—no environmental policy (the pollutee pays), full liability (the polluter pays), and pollution standards—to reduce and regulate neighborhood externalities within an incomplete contract framework. It turns out that the relative efficiency of these instruments depends, in general, on details. However, moderate standards are preferable to no environmental policy and tight (but not too tight) standards dominate liability. This provides under the given assumptions (neighborhood externalities, incomplete contracts) a justification for “sensible” standards for three reasons. First, unilateral allocations of property rights are biased that distort allocations even if ex post bargaining takes place. Second, a standard is superior in the following sense: if it is set equal to the outcome under any allocation of rights, it will be improved in the process of ex post bargaining. Third, unilateral property rights encourage strategic ex ante investments up to the point that committing to no bargaining would be beneficial (if possible).

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Remedies for damage to property: money damages or restitution in natura?

Cited by 4 publications

References 24 publications

Effect of pandemic on performance of contracts and remedies to the cases of breach

Effect of pandemic on performance of contracts and remedies to the cases of breach

The Concept of Tort Liability in Education: What the Teacher Should Know

Comparing Environmental Policy Instruments Within an Incomplete Contract Framework

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