THE TEST OF REMOTE DAMAGES, A COMPARATIVE STUDY

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SOLTANI NEJAD HEDAYATOLLAH

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Journal: LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY) Year:2016 | Volume:8 | Issue:3 Page(s): 51-65

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Title

THE TEST OF REMOTE DAMAGES, A COMPARATIVE STUDY

Author(s)

SOLTANI NEJAD HEDAYATOLLAH | Issue Writer Certificate

Keywords

BREACH OF CONTRACTQ2

REMOTENESSQ1

FORESEEABILITYQ2

CAUSATIONQ2

CONTRACTUAL RESPONSIBILITYQ2

Abstract

The BREACH OF CONTRACT usually results in a lot of damages. But it is impossible to compensate all of these. Most of legal systems don't compensate remote damages. REMOTENESS refers to damages which are far from proximate cause. This article analyses the test which recognized in some major legal systems. In fact we use a methodological study about the issue. Legal systems commonly adopt two attitude to recognize remote damages. Some adopt the test of "foresee ability of damages" and others recommend the test of "causation". We believe that basically, "causation" is more fundamental and systematic than other test. Based on jurisprudence and legal, in the Iranian legal system, recent theory to detect direct and indirect damage is acceptable.

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APA: Copy

SOLTANI NEJAD, HEDAYATOLLAH. (2016). THE TEST OF REMOTE DAMAGES, A COMPARATIVE STUDY. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), 8(3), 51-65. SID. https://sid.ir/paper/223520/en

Vancouver: Copy

SOLTANI NEJAD HEDAYATOLLAH. THE TEST OF REMOTE DAMAGES, A COMPARATIVE STUDY. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)[Internet]. 2016;8(3):51-65. Available from: https://sid.ir/paper/223520/en

IEEE: Copy

HEDAYATOLLAH SOLTANI NEJAD, “THE TEST OF REMOTE DAMAGES, A COMPARATIVE STUDY,” LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), vol. 8, no. 3, pp. 51–65, 2016, [Online]. Available: https://sid.ir/paper/223520/en

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