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Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Evidence Under the Rules: Text, Cases, and Problems is one of the?most widely adopted Evidence casebooks ever published. Structured around the Federal Rules of Evidence, the book contains carefully edited cases and secondary materials, as well as numerous problems that allow students to apply new concepts during classroom exercises or on their own. Text boxes provide interesting background on select cases and additional perspectives on key issues. New to the 10th Edition: Additional problems are provided, and often these are combined into the Notes following cases and other materials. These problems generate good classroom discussion, without displacing conversations about the cases and the principles under consideration. The book is also redesigned, with more colors on the page, and other design features that provide clues to the content of the textual material. The Note material, found after cases and textual accounts, includes organizational headings that act as signposts calling the attention of students to the key issues. The book retains the old favorites, like Boys on the Bridge (Problem 2-C), A Papier Mache Man (Problem 3-I), and “If You Want to Stay Healthy (Problem 4_Q). New end-of-chapter quizzes are included to help in the review of the materials. A thoroughly updated and expanded Index. Benefits for instructors and students: Introductory text that provides a foundation for understanding the cases and materials that follow. Numerous problems that treat cutting-edge issues, allowing students to apply important concepts to contemporary evidentiary problems. A Teacher’s Manual that provides suggestions by the authors for discussing the Notes and cases. “Comment/Perspective” text boxes that provide broader perspectives to aid in understanding doctrine. Sidebars that contain photographs and text relating to important cases, offering background on how the evidence issue arose.
Includes: topical index alphabetical case index, federal rules index, and a synopsis section.
This book is a collection of essays examining the remedy of contract damages in the common law and under the international contract law instruments such as the Vienna Convention on Contracts for the International Sales of Goods and the UNIDROIT Principles of International Commercial Contracts. The essays, written by leading experts in the area, raise important and topical issues relating to the law of contract damages from both theoretical and practical perspectives. The book aims to inform readers of current developments, problems, trends and debates surrounding contract damages and reflects an ongoing dialogue on damages among representatives of common law, civil law, mixed and trans-national legal systems. The general issues addressed in the collection include the purpose and scope of damages, the measures of damages, recoverability of losses, methods of limiting damages and the assessment of damages. A special emphasis is placed on the examination of the role of gain-based damages, the meaning and definition of loss, the recoverability of damages for injury to business reputation, the recoverability of legal fees, the rules of mitigation and foreseeability, the dilemma between the 'abstract' and 'concrete' approaches to the calculation of damagesand the relationship between changes in monetary value and the assessment of damages.
Problems in assessment of damages remain among the most contentious aspects of private law disputes. The assessment exercise becomes particularly difficult when one of the parties asks that damages be assessed in some foreign currency or claims that, even though damages should be assessed in the currency of the forum, foreign exchange losses should form a head of loss. The 1975 decision of the House of Lords in Miliangos v George Frank (Textiles) Ltd was revolutionary in that it permitted English courts to award judgment in a foreign currency. Miliangos has been influential throughout the common law world and courts in the commonwealth and the United States now contemplate awarding damages in currencies other than their own. However, that modernisation has hardly eliminated the problems in this area. When may a judge assess damages in a currency other than that of the forum? If a court elects to assess damages in its own currency, what conversion date should it select in converting from a foreign currency that was relevant to the obligations between the parties? In an age of fluctuating currencies questions of this nature present judges with choices involving significant financial implications. This book takes a comparative look at how common law courts have addressed damages claims when foreign currencies are involved, and at statutory responses to that issue. It describes the practices of UK, Commonwealth and American courts in this field and draws both on principles of private international law and of damages assessment to analyse current practice. This title is included in Bloomsbury Professional's International Arbitration online service.
Evidence is the most complete reference on evidence law available, written at a level that makes it an accessible, indispensible resource for students. The text emphasizes contemporary judicial interpretations of the Federal Rules of Evidence, making the law relevant to students. Organization around the Federal Rules of Evidence makes the text particularly understandable, with common-law coverage given where an issue is not codified. Throughout the text, Evidence features straightforward explication of the rules, analysis of leading case law, and thorough coverage of both the Federal Rules and state evidence codes. Pedagogical features include helpful marginal headings, mini-summaries of contents at the beginning of each chapter, generous footnotes, and useful case citations. The authors strong reputations as casebook authors and authors of Aspen's practitioner Evidence treatise continue to attract users to this book.