Abstract

http://ssrn.com/abstract=640802
 


 



Apportionment of Damages for Breach of Contract


Kah Leng Ter


National University of Singapore (NUS) - Department of Business Policy


Singapore Academy of Law Journal, Vol. 3, p. 118, 1991

Abstract:     
The effect of the plaintiff's blameworthiness on the extent of damages recoverable in a contractual action has been a controversial point since 1945 when the Law Reform (Contributory Negligence) Act was first enacted in England. . . . There are cases covering this point in England, Australia and New Zealand, each with identical statutes following the English Act. This article examines the extent to which these decisions conclusively resolve the question whether contributory negligence applies to claims brought in contract. It also highlights the findings and provisional recommendations of the English Law Commission's Working Paper No 114 on Contributory Negligence as a Defence in Contract and examines the implications of the defence in contract law.

Keywords: Contract law, contributory negligence, effect of claimant's actions on apportionment of damages, Australia, New Zealand, United Kingdom

JEL Classification: K12

Accepted Paper Series


Not Available For Download

Date posted: January 4, 2005  

Suggested Citation

Ter, Kah Leng, Apportionment of Damages for Breach of Contract. Singapore Academy of Law Journal, Vol. 3, p. 118, 1991. Available at SSRN: http://ssrn.com/abstract=640802

Contact Information

Kah Leng Ter (Contact Author)
National University of Singapore (NUS) - Department of Business Policy ( email )
1 Business Link
Biz Building 1
Singapore, 117592
Singapore
+65 65163084 (Phone)
+65 67795059 (Fax)
HOME PAGE: http://www.bschool.nus.edu.sg
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