Foreign currency : claims, judgments, and damages

著者
書誌事項

Foreign currency : claims, judgments, and damages

by Michael Howard, John Knott, John A. Kimbell

(Lloyd's commercial law library)

Informa Law from Routledge, 2016

  • hbk.

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

Currency fluctuation, currency wars and even potential currency collapse (the Euro, the Bitcoin) are all risks that commercial parties must consider and guard against. This book gathers together in one volume all the information and advice practitioners are likely to need when advising on, advancing or defending claims involving a foreign currency element. The determination of the proper currency (or currencies) of a claim often has a dramatic effect on the level of a court judgment or arbitration award that is ultimately obtained. It is, therefore, vital for practitioners to accurately assess claims which involve a foreign currency element. The authors guide the reader through the legal principles governing how foreign currency claims are treated in English law. The book covers both the treatment of foreign currency in substantive law as well as such procedural matters as how to claim interest correctly on a foreign currency claim and how to plead, prove or disprove the applicability of a particular currency. This book is an invaluable and essential resource for all lawyers involved in international commerce, but will be of particular interest to those engaged in international finance, commodity transactions, international shipping and transport, and the insurance of assets and liabilities abroad. "Those who practise in this country need guidance in navigating the tricky waters that The Despina R unleashed. This excellent book provides that guidance." The authors "have been uniquely well placed to meet the challenge of analysing what is a perplexing body of jurisprudence, and to suggest principled answers to currency issues that have not yet been the subject of judicial decision. They consider not merely claims in contract and tort, but every type of claim that might raise an issue in relation to a foreign currency." The Rt Hon. The Lord Phillips of Worth Matravers, KG, PC, President of the Supreme Court of the United Kingdom, 2009-2012

目次

Foreword, The Rt Hon The Lord Phillips of Worth Matravers Chapter 1: Introduction Chapter 2: Basic Concepts Chapter 3: Sterling: its Historical Role, and the Decline that Led to a Change in the Law Chapter 4: The Euro Zone Chapter 5: The Change in English Law Introduced by Miliangos and its Forebears Chapter 6: Contract Chapter 7: Tort Chapter 8: Restitution and Unjust Enrichment Chapter 9: The Law of Trusts and Fiduciaries Chapter 10: Claims Against Limited or Common Funds Chapter 11: Set-off Chapter 12: Interest Chapter 13: Are currency exchange losses recoverable as damages? Chapter 14: Procedure and Evidence Chapter 15: Fiat Money, Legal Tender and Alternative Money

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