Keywords
Citation
(2013), "2012 Awards for Excellence", International Journal of Law in the Built Environment, Vol. 5 No. 1. https://doi.org/10.1108/ijlbe.2013.41105aaa.002
Publisher
:Emerald Group Publishing Limited
Copyright © 2013, Emerald Group Publishing Limited
2012 Awards for Excellence
Article Type: 2012 Awards for Excellence From: International Journal of Law in the Built Environment, Volume 5, Issue 1
The following article was selected for this year's Outstanding Paper Award for International Journal of Law in the Built Environment
“Comparative analysis of some aspects of assessment of damages for contractual breaches in England and Wales, Australia and New Zealand”
Maree ChetwinCollege of Business and Economics, University of Canterbury, Christchurch, New Zealand
Purpose – The paper aims to examine the judicial approach to some aspects of contract damages in England and Wales, Australia and New Zealand.
Design/methodology/approach – The paper is an analysis of judgments of the three jurisdictions and academic commentary.
Findings – Generally, there is uniformity in the assessment of damages in the jurisdictions discussed as is illustrated with liquidated damages and the adherence to the judgment of the House of Lords. However, the same adherence is not evident in the case of lower court judgments in the controversial area of “consequential loss”. Although not a remedy, it is an integral part of the assessment of damages process when included in exception clauses.
Originality/value – The research highlights the need for knowledge of the legal issues to ensure that the contract covers what is intended so that a party is not without a remedy when the contract fails.
Keywords Australia, Comparative damages issues, Consequential loss, Damages, England, Liquidated, New Zealand, Wales
www.emeraldinsight.com/10.1108/17561451111148239
This article originally appeared in Volume 3 Number 2, 2011, pp. 113-25 International Journal of Law in the Built Environment
The following article was selected for this year's Highly Commended Award
“Contract interpretation: potential for relaxing the exclusionary rule”
Andrew Milner
This article originally appeared in Volume 3 Number 3, 2011, International Journal of Law in the Built Environment
Outstanding Reviewer
Luke BennettSheffield Hallam University, UK