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Part III Liability and Recovery in Multistate Litigation, 6 The Laws Governing Recovery

From: International Commercial Litigation (2nd Edition)

Richard Fentiman

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 May 2024

Recovery of assets — Recovering transaction loss — Litigation risk — Concurrent claims — Rome I Regulation and choice of law — Culpa in Contrahendo — Tort/delict
6.01 Any transaction is exposed to the risk that it is ineffective to create enforceable obligations or transfer property, risks considered in Chapter 3. A distinct, if no less important, matter is whether the resulting loss can be recovered. The loss sustained in the event of a failed transaction may take several forms. It may flow directly from the obligor’s failure to perform a primary obligation under the contract, and may be remedied by seeking contractual damages. Again, such loss may flow from the breach of a collateral obligation, of a non-contractual...
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