Transcription of CALCULATING DAMAGES - RECENT …
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CALCULATING DAMAGES - RECENT DEVELOPMENTS IN ENGLISH LAWByClive Aston, LMAA ArbitratorIn anydispute involving allegations of breach of a charterpartycontract threebroad questions arise:-Has there been a breach of the charterparty?-What losses has the innocent party suffered?,and-What losses may the innocent recover from the "guilty" party?The first question involves issues of liability while the othertwo relate to so-called issues of quantum. Usually in anarbitration,questions of both liabilityandquantum are indispute: sometimes,though,the guiltyparty may admit liabilitybut deny that the innocent partysuffered the loss claimed orisentitled to recover the level of DAMAGES that they claim.
CALCULATING DAMAGES - RECENT DEVELOPMENTS IN ENGLISH LAW By Clive Aston, LMAA Arbitrator In any dispute involving allegations of breach of a charterparty
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