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Hindsight is 20/20—Assessment of damages in light of coronavirus (COVID-19)

Published on: 01 May 2020
Published by: LexisPSL
  • Hindsight is 20/20—Assessment of damages in light of coronavirus (COVID-19)
  • The (supposed) general rule
  • A focus on the correct counterfactual
  • Edwards v Hugh James Ford Simey
  • Some basic applications of a focus on the counterfactual
  • Hindsight 2020

Article summary

Dispute Resolution analysis: The assessment of damages can in many cases take account of events subsequent to breach and what is known by the date of trial. This is despite what has been traditionally referred to as a general rule that damages are assessed as at the date of breach. or take a trial to read the full analysis.

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