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Causation, Remoteness of Damage, and Defences

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0021
Subject:
Law, Law of Obligations

One of the most important and complex elements in many product liability actions is the establishment of a causative link between the allegedly defective product and the relevant damage. Indeed, ... More


Limitation Periods

Rebecca Parry and James Ayliffe

in Transaction Avoidance in Insolvencies

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198793403
eISBN:
9780191927836
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793403.003.0031
Subject:
Law, Company and Commercial Law

The legislation does not deal expressly with the issue of what limitation periods are applicable to the transaction avoidance provisions. This is an issue which has, however, been addressed in case ... More


Limitation periods

Andrew Burrows

in Remedies for Torts, Breach of Contract, and Equitable Wrongs

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198705932
eISBN:
9780191927294
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198705932.003.0021
Subject:
Law, Law of Obligations

Although, strictly speaking, the law of limitation is separate from the law of remedies, the two are closely connected. Moreover, it has been said to be ‘… trite law that the English Limitation ... More


Rule 126 Start of proceedings for the determination of damages

Steffen Steininger

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0311
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 126 provides a period for lodging the application which initiates the proceedings for determining damages. Such a period is unknown in many domestic legal systems, for example Germany. Rather, ... More


Rule 139 Reply to the Defence to the Application for the determination of damages and Rejoinder to the Reply

Steffen Steininger

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0321
Subject:
Law, Intellectual Property, IT, and Media Law

The applicant may within one month lodge a Reply to the Defence to the Application for the determination of damages, limited to the matters raised in the Defence. The unsuccessful party may lodge a ... More


Remedies II: Member States

Paul Craig

in EU Administrative Law

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198831655
eISBN:
9780191932311
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198831655.003.0025
Subject:
Law, EU Law

The previous chapter considered remedies against the EU. The discussion now turns to remedies against Member States. This is in certain respects a more complex topic because relief against Member ... More


Article 268 TFEU

Bernhard Schima

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.408
Subject:
Law, EU Law

Article 235 EC The Court of Justice of the European Union shall have jurisdiction in disputes relating to compensation for damage provided for in the second and third paragraphs of Article 340.


Article 340 TFEU

Manuel Kellerbauer

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.498
Subject:
Law, EU Law

Article 288 EC The contractual liability of the Union shall be governed by the law applicable to the contract in question.


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