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The public utility contract exception in Indian law: awarding damages without proof of actual loss

Shroff, Jeet H. and Shaikh, Ifrah (2021) The public utility contract exception in Indian law: awarding damages without proof of actual loss. South Asia @ LSE (23 Aug 2021). Blog Entry.

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Abstract

This post analyses a new trend emerging from case laws in the Supreme Court of India allowing parties to claim damages without proof of actual loss in public utility Contracts on the basis that any delay in implementing them affects the public at large, a loss that can neither be computed nor proven. Jeet H. Shroff and Ifrah Shaikh argue that such decisions add an element of public interest to the law of damages in India, which falls firmly within the realm of private law. In doing so, the decisions re-draw the boundaries between public and private law, and are likely to affect larger issues of public policy in India.

Item Type: Online resource (Blog Entry)
Official URL: https://blogs.lse.ac.uk/southasia/
Additional Information: © 2021 The Authors
Divisions: LSE
Subjects: H Social Sciences > HN Social history and conditions. Social problems. Social reform
J Political Science > JQ Political institutions Asia
K Law > K Law (General)
Date Deposited: 04 Oct 2021 15:57
Last Modified: 04 Oct 2021 15:57
URI: http://eprints.lse.ac.uk/id/eprint/112098

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