نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
Abstract
In English law, there are two different ways to assessment of Gain-Based Damages. In a method known as the »Wrotham Park« measure, assessed by reference to the objective value of the benefit received by the defendant And courts determine the price that a reasonable person in the plaintiff's position might demand from the defendant at the time of breach of contract. But in another method, which is known as the Blake measure, a different approach is applied. In this measure, the amount of damages is assessed according to the objective and real benefit of the defendant. And the courts require the defendant to disgorge the actual net benefit received from the breach. In Iranian law, we can saeid There is no place for Gain-Based Damages, but in some rare cases, traces of for Gain-Based Damages approach can be found, each of which may correspond to one of the above two criteria.
کلیدواژهها English
