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CALCULATING DAMAGES - RECENT DEVELOPMENTS IN …
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. It isnot, therefore, unusual to see arbitrations consider questionsof quantum only and for these to be argued just as strongly asanydisputes aboutliabilityin other established "orthodox"approachEnglishlaw has always recognised that there must be limits tothe types of loss thatan innocent party may recover for abreach of contract.
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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