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The Eye of the Storm: On the Case for Harmonising Principles of Damages as a Remedy in Contract Law

Research output: Journal contributions › Journal articles › Research

Standard

The Eye of the Storm : On the Case for Harmonising Principles of Damages as a Remedy in Contract Law. / Smith, Lesley Jane.

In: European Review of Contract Law, Vol. 2, No. 2, 01.01.2006, p. 227-249.

Research output: Journal contributions › Journal articles › Research

Harvard

Smith, LJ 2006, 'The Eye of the Storm: On the Case for Harmonising Principles of Damages as a Remedy in Contract Law', European Review of Contract Law, vol. 2, no. 2, pp. 227-249. https://doi.org/10.1515/ERCL.2006.017

APA

Smith, L. J. (2006). The Eye of the Storm: On the Case for Harmonising Principles of Damages as a Remedy in Contract Law. European Review of Contract Law, 2(2), 227-249. https://doi.org/10.1515/ERCL.2006.017

Vancouver

Smith LJ. The Eye of the Storm: On the Case for Harmonising Principles of Damages as a Remedy in Contract Law. European Review of Contract Law. 2006 Jan 1;2(2):227-249. doi: 10.1515/ERCL.2006.017

Bibtex

@article{3cfdc0de85cb4e438077a63a07701750,
title = "The Eye of the Storm: On the Case for Harmonising Principles of Damages as a Remedy in Contract Law",
abstract = "Taking the current work on refining the contract law acquis as its starting point, this article considers whether there is a case for greater harmonisation of the law of damages in contract law within the EU. The law of damages is a platform for enforcing contractual interests. As long as remedies in general and damages in particular remain subject to divergent national solutions, the Community will have difficulties in achieving its goal of coherency in contract law.By demonstrating the complexities surrounding this area of law and discussing recent decisions of the European Court of Justice, it argues that the current inconsistencies in the law of damages justify action at community level. The article outlines possible options for the Community that are consistent with the current climate of political, legal and social integration within the EU. It concludes by demonstrating that Europe could use the medium of contract law and the law of damages to deliver social and economic justice.",
keywords = "Commercial law, Contract Law",
author = "Smith, {Lesley Jane}",
year = "2006",
month = jan,
day = "1",
doi = "10.1515/ERCL.2006.017",
language = "English",
volume = "2",
pages = "227--249",
journal = "European Review of Contract Law",
issn = "1614-9920",
publisher = "Walter de Gruyter GmbH",
number = "2",

}

RIS

TY - JOUR

T1 - The Eye of the Storm

T2 - On the Case for Harmonising Principles of Damages as a Remedy in Contract Law

AU - Smith, Lesley Jane

PY - 2006/1/1

Y1 - 2006/1/1

N2 - Taking the current work on refining the contract law acquis as its starting point, this article considers whether there is a case for greater harmonisation of the law of damages in contract law within the EU. The law of damages is a platform for enforcing contractual interests. As long as remedies in general and damages in particular remain subject to divergent national solutions, the Community will have difficulties in achieving its goal of coherency in contract law.By demonstrating the complexities surrounding this area of law and discussing recent decisions of the European Court of Justice, it argues that the current inconsistencies in the law of damages justify action at community level. The article outlines possible options for the Community that are consistent with the current climate of political, legal and social integration within the EU. It concludes by demonstrating that Europe could use the medium of contract law and the law of damages to deliver social and economic justice.

AB - Taking the current work on refining the contract law acquis as its starting point, this article considers whether there is a case for greater harmonisation of the law of damages in contract law within the EU. The law of damages is a platform for enforcing contractual interests. As long as remedies in general and damages in particular remain subject to divergent national solutions, the Community will have difficulties in achieving its goal of coherency in contract law.By demonstrating the complexities surrounding this area of law and discussing recent decisions of the European Court of Justice, it argues that the current inconsistencies in the law of damages justify action at community level. The article outlines possible options for the Community that are consistent with the current climate of political, legal and social integration within the EU. It concludes by demonstrating that Europe could use the medium of contract law and the law of damages to deliver social and economic justice.

KW - Commercial law

KW - Contract Law

UR - https://www.mendeley.com/catalogue/374f6f17-ca2d-3d3d-b8f0-c442eed46fd4/

U2 - 10.1515/ERCL.2006.017

DO - 10.1515/ERCL.2006.017

M3 - Journal articles

VL - 2

SP - 227

EP - 249

JO - European Review of Contract Law

JF - European Review of Contract Law

SN - 1614-9920

IS - 2

ER -

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Introduction

Smith, L. J., Baumann, I. & Wintermuth, S-G., 09.06.2023, Routledge Handbook of Commercial Space Law. Smith, L. J., Baumann, I. & Wintermuth, S-G. (eds.). Taylor and Francis Inc., 2 p.

Research output: Contributions to collected editions/works › Other › Research

Legislating for spaceports, commercial space markets, and space tourism

Smith, L. J., Leishman, R. & Thompson, A., 09.06.2023, Routledge Handbook of Commercial Space Law. Smith, L. J., Baumann, I. & Wintermuth, S-G. (eds.). Taylor and Francis Inc., p. 361-382 22 p.

Research output: Contributions to collected editions/works › Chapter › peer-review

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Krag, H. & Smith, L. J., 09.06.2023, Routledge Handbook of Commercial Space Law. Smith, L. J., Baumann, I. & Wintermuth, S-G. (eds.). Taylor and Francis Inc., p. 453-466 14 p.

Research output: Contributions to collected editions/works › Chapter › peer-review

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Smith, L. J. & Blawat, T., 2023, (Accepted/In press) 73rd International Astronautical Congress 2022, Paris.: International Institute of Space Law, IISL, Colloquium of the Law of Outer space, . Eleven International Publishing, Vol. 2022. 8 p. (Proceedings of the International Astronautical Congress, IAC).

Research output: Contributions to collected editions/works › Article in conference proceedings › Research › peer-review

Convergence and privatisation in Telecommunications «Regulation of access to limited resources in telecommunications sector in Europe»

Smith, L. J. & Levy, K., 10.2005, International Astronautical Federation - 56th International Astronautical Congress 2005. International Astronautical Federation, IAF, p. 7157-7166 10 p.

Research output: Contributions to collected editions/works › Article in conference proceedings › Research › peer-review

DOI