The Damages for the Breach of the Contract in the English Law/ An Analytical Comparative Study with the Iraqi Civil Law | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 9, Volume 13, Issue : 2 part 1, September 2023, Pages 221-254 PDF (943.04 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.140481.1009 | ||
| Author | ||
| Younis Salahuddin Ali* | ||
| جامعة جيهان الخاصة | ||
| Abstract | ||
| The damages for the breach of the contract are considered as one of the common law remedies for the damage and loss suffered by the non-breaching party. It is worth-bearing in mind that the damages are monetary in nature, and different from such equitable remedies as the specific performance and the injunction which are of real nature. It is to be noted that this piece of research is dedicated to study the concept of the damages in the English law, as well as their types and the manner how the courts estimate them. Compared with situation of the Iraqi civil law No. (40) of 1951. It is to be noted also that the problem of the study lies in studying some types of damages, which are not regulated by the Iraqi law. And an attempt to suggest some relevant recommendations to the Iraqi legislator to treat the insufficiency due to the non-regulation of some types of damages. As well as suggesting a legal regulation to them. | ||
| Keywords | ||
| التعويضات; ،الإخلال بالعقد; ،الطرف المتضرر; ؛; ،تعويضات إسمية | ||
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