STUDY ON EXPECTATION DAMAGES FOR BREACH OF CONTRACT IN COMMON LAW AND IRANIAN LAW

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NEMATOLLAHI ESMAIL

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Paper Information

Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2016 | Volume:3 | Issue:3 Page(s): 129-159

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Information Journal Paper

Title

STUDY ON EXPECTATION DAMAGES FOR BREACH OF CONTRACT IN COMMON LAW AND IRANIAN LAW

Author(s)

NEMATOLLAHI ESMAIL | Issue Writer Certificate

Keywords

BREACH OF CONTRACTQ2

CONTRACTUAL LIABILITYQ2

EXPECTATION DAMAGESQ1

LOSS OF PROFITQ2

Abstract

BREACH OF CONTRACT, by way of non-performance, delay in performance, delivery of defective goods and so on, is a common phenomenon and various legal systems have developed several remedies to deal with it. In common law systems, the first and foremost remedy is damages or money awards and, order for specific performance of contract is an ancillary and exceptional remedy. The most common damages in these systems consists of EXPECTATION DAMAGES which aims at placing the injured party in the position he would have been in, had the contract been duly performed. In other words, by giving a sum of money, the law tries to meet the expectations of the injured party as much as possible. After explanation of such aspects of the EXPECTATION DAMAGES as concept, bases, elements, criterion and methods of compensation, this Article endeavors to give a brief account of this damages in Islamic jurisprudence as well as Iranian law.

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APA: Copy

NEMATOLLAHI, ESMAIL. (2016). STUDY ON EXPECTATION DAMAGES FOR BREACH OF CONTRACT IN COMMON LAW AND IRANIAN LAW. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 3(3 ), 129-159. SID. https://sid.ir/paper/262092/en

Vancouver: Copy

NEMATOLLAHI ESMAIL. STUDY ON EXPECTATION DAMAGES FOR BREACH OF CONTRACT IN COMMON LAW AND IRANIAN LAW. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2016;3(3 ):129-159. Available from: https://sid.ir/paper/262092/en

IEEE: Copy

ESMAIL NEMATOLLAHI, “STUDY ON EXPECTATION DAMAGES FOR BREACH OF CONTRACT IN COMMON LAW AND IRANIAN LAW,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 3, no. 3 , pp. 129–159, 2016, [Online]. Available: https://sid.ir/paper/262092/en

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