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Andrew, A and Bryan, C (2011) Scottish construction lawyers and mediation: an investigation into attitudes and experiences. International Journal of Law in the Built Environment, 3(02), 159–81.

Julian Sidoli del, C (2011) An investigation into lawyer attitudes towards the use of mediation in commercial property disputes in England and Wales. International Journal of Law in the Built Environment, 3(02), 182–98.

Luke, B (2011) Judges, child trespassers and occupiers' liability. International Journal of Law in the Built Environment, 3(02), 126–45.

Maree, C (2011) Comparative analysis of some aspects of assessment of damages for contractual breaches in England and Wales, Australia and New Zealand. International Journal of Law in the Built Environment, 3(02), 113–25.

  • Type: Journal Article
  • Keywords: Australia; Comparative damages issues; Consequential loss; Damages; England; Liquidated; New Zealand; Wales
  • ISBN/ISSN: 1756-1450
  • URL: https://doi.org/10.1108/17561451111148239
  • Abstract:
    Purpose – The paper aims to examine the judicial approach to some aspects of contract damages in England and Wales, Australia and New Zealand. Design/methodology/approach – The paper is an analysis of judgments of the three jurisdictions and academic commentary. Findings – Generally, there is uniformity in the assessment of damages in the jurisdictions discussed as is illustrated with liquidated damages and the adherence to the judgment of the House of Lords. However, the same adherence is not evident in the case of lower court judgments in the controversial area of “consequential loss”. Although not a remedy, it is an integral part of the assessment of damages process when included in exception clauses. Originality/value – The research highlights the need for knowledge of the legal issues to ensure that the contract covers what is intended so that a party is not without a remedy when the contract fails.

Patricia, N (2011) The use of mediation in preventing homelessness in England. International Journal of Law in the Built Environment, 3(02), 146–58.

Rachelle, A (2011) Guest editorial: comparative research at the frontier of planning law: The case of compensation rights for land use regulations. International Journal of Law in the Built Environment, 3(02), 100–12.