This book provides practitioners with all the information and advice they need in advancing, or defending against, any elements of a claim for debt or damages for breach of contract or in tort that involve a foreign currency.
The determination of the proper currency or currencies of a claim often has a dramatic effect on the level of a judgement, award or recovery, and in some cases can result in a party suffering a financial loss. It is, therefore, vital for practitioners to accurately assess these claims.
The authors guide the reader through the governing principles and procedures for making or defending against foreign currency claims. They explain the factors relating to the recovery or payment of interest and discuss ways in which a party can advance arguments or adduce evidence to prove or disprove the relevance of a particular currency.
This book will be an invaluable resource for shipping and commercial litigators, claims departments of insurance companies insuring assets and liabilities abroad, as well as post-graduate law students.
Chapter 1. Historical Introduction Chapter 2. The Change in the Law Introduced by the Milangos Case and its Forebears Chapter 3. Foreign Money Obligations Chapter 4. Contract: (a) Debt, (b) Damages Chapter 5. Tort Chapter 6. Quasi-Contractual Liabilities Chapter 7. Dividends in Limited Funds (including Limitation of Liability in Shipping) and Insolvency Chapter 8. Accounts Chapter 9. Set-Off Chapter 10. Interest: The Principles, Procedures, and the Scope for Variations Chapter 11. Illegality Chapter 12. Trusts Chapter 13. The Incidence of Foreign Law Chapter 14. Evidence/Proof Chapter 15. Court Procedures: Making Claims; Payments; Enforcement etc Chapter 16. General Average Chapter 17. Exchange Control Chapter 18. Revolorisation/Inflation/Gold Clauses/Salvage Uplifts, etc Chapter 19. Overview, and Possible Future Trends
In this series you will find expert commentary and analysis on wide-ranging aspects of commercial law including commercial agents, the law of deceit, and financial crisis management. All the titles are dedicated to meeting the needs of commercial law specialists.