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Posts by Adam Kramer

  • July 6, 2017

    The New Flamenco in the Supreme Court: the effect of commercial risk-taking by a claimant on causation and damages

    Introduction This Supreme Court decision raises the question of what post-breach actions of a claimant are taken into account in calculating loss, and which actions are disregarded under legal causation and mitigation principles. In particular, when can a claimant that managed to profit from breach nevertheless recover loss?

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