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Title: Negotiation damages : compensation for direct loss
Author: Ataie, Ali Pir
ISNI:       0000 0004 7966 2647
Awarding Body: University of Oxford
Current Institution: University of Oxford
Date of Award: 2018
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The existing accounts of negotiation damages suffer from several difficulties. This thesis offers an analysis of these damages based on a notion of 'loss' that is intended to be broad and factual at the same time. One suffers a loss by being deprived of a benefit to which one is entitled. A benefit is a thing (anything) that is reasonably valued. Compensatory damages are justified when the claimant suffers loss of a benefit that it is the purpose of his or her right to ensure. This compensatory principle, described in this thesis as the 'loss of benefit' theory, explains a vast area of the law of civil remedies, including the most significant aspects of contract remedies: specific performance, an order to pay the agreed sum (and its limit when the claimant does not have a legitimate interest in keeping the contract in force and claiming the agreed sum), the basic measure of recovery, and damages for consequential losses. Negotiation damages, including damages on a Wrotham Park basis and user damages, provide compensation for the claimant's loss of a direct benefit. Negotiation damages are always justified where the claimant has suffered a loss according to the said definition, since it is always the purpose of one's right to ensure a direct benefit to which one is legally entitled.
Supervisor: Stevens, Robert Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available