Remedies for Torts and Breach of Contract

Author: Andrew S. Burrows

Publisher: Oxford University Press on Demand

ISBN: 9780406977267

Category: Law

Page: 664

View: 6738

Now in its third edition this popular text has been comprehensively rewritten to take account of all new developments in the law, as well as Law Commission reports and academic writings. The book has also been restructured and divided into parts which correspond to the primary functions of the remedies for torts and breach of contract, namely compensation, restitution and punishment, compelling performance or preventing (or compelling the undoing of) a wrong, and declaring rights. Reflecting their increased importance in practice, and the considerable recent academic attention devoted to them, there is also a new chapter on remedies for equitable wrongs such as breach of fiduciary duty and reach of confidence.
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Remedies for Torts and Breach of Contract

Author: Andrew S. Burrows

Publisher: Oxford University Press

ISBN: 9780406507136

Category: Law

Page: 483

View: 2313

Remedies is the principal area around which the concept of obligations is developed, and is taught as a course option at some universities. This book has proved to be ideal as the main text for such an option.
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Remedies in Contract and Tort

Author: Donald Harris,David Campbell,Roger Halson

Publisher: Cambridge University Press

ISBN: 9780521606059

Category: Law

Page: 688

View: 8501

Remedies is the subject of increasing academic interest. It is one of the key organising concepts of the obligations approach to the common law, the pre-eminent approach in law schools, now officially sanctioned by the Law Society. This second edition modernizes the first edition quite considerably. This work determines the place of remedies in contract and tort within the current debate about the reform of the common law obligation.
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Comparative Remedies for Breach of Contract

Author: Nili Cohen,Ewan McKendrick

Publisher: Hart Publishing

ISBN: 1841134538

Category: Law

Page: 326

View: 9592

The book provides a comparative analysis of the law relating to remedies for breach of contract. It examines different remedies such as specific performance and damages,doing so from the viewpoint of different legal systems, principally the English, American, German, French and Israeli. Each essay is written by a recognised specialist in his or her own field. Topics covered include the relationship between substantive rights and contract remedies, the recent reforms of the law relating to breach of contract in Germany, the remedies in the context of a third party beneficiary and the extent to which a claimant can choose the remedy which he or she deems to be the most appropriate. The book also makes use of a range of techniques, particularly economic analysis, when examining the legal rules. The book contains an introductory essay written by the editors and an essay by Professor Friedman, which deals with the relationship between substantive rights and contract remedies.
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Remedies in Construction Law

Author: Roger ter Haar

Publisher: Taylor & Francis

ISBN: 1317194950

Category: Law

Page: 414

View: 2402

Remedies in Construction Law brings together various well-established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects. Now in a fully updated second edition, it covers topics such as: Damages Termination Quantum Meruit Recovery Injunctions Limitation ADR This book continues to be a vital reference to lawyers and construction professionals seeking specialist insight into how remedies function in the construction sector.
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Accounting for Profit for Breach of Contract

Theory and Practice

Author: Katy Barnett

Publisher: Bloomsbury Publishing

ISBN: 1847319513

Category: Law

Page: 256

View: 8350

This book defends the view that an award of an account of profits (or 'disgorgement damages') for breach of contract will sometimes be justifiable, and fits within the orthodox principles and cases in contract law. However there is some confusion as to when such an award should be made. The moral bases for disgorgement damages are deterrence and punishment, which shape the remedy in important ways. Courts are also concerned with vindication of the claimant's performance interest, and it is pivotal in these cases that the claimant cannot procure a substitute performance via an award of damages or specific relief. The book argues that disgorgement damages should be available in two categories of case: 'second sale' cases, where the defendant breaches his contract with the claimant to make a more profitable contract with a third party; and 'agency problem' cases, where the defendant promises the claimant he will not do a certain thing, and the claimant finds it difficult to supervise the performance. Moreover, disgorgement may be full or partial, and 'reasonable fee damages' for breach of contract are best understood as partial disgorgement rather than 'restitutionary damages'. Equitable bars to relief should also be adopted in relation to disgorgement damages, as should allowances for skill and effort. This book will be of interest to contract and commercial lawyers, and will be especially valuable to anyone with an interest in contract remedies and restitution. It draws on case law in a number of common law jurisdictions, primarily England and Wales, and Australia.
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Gain-Based Damages

Contract, Tort, Equity and Intellectual Property

Author: James Edelman

Publisher: Bloomsbury Publishing

ISBN: 1847310478

Category: Law

Page: 320

View: 2636

On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally. This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits from the defendant's hands. Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards.
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Remedies for Breach of Privacy

Author: Jason Ne Varuhas

Publisher: Hart Publishing

ISBN: 9781509915606

Category: Privacy, Right of

Page: 472

View: 3359

Over the last 15 years, privacy actions have been recognised at common law or in equity across common law jurisdictions, and statutory privacy protections have proliferated. Apex courts are now being called upon to articulate the law governing remedies, including in high-profile litigation concerning phone hacking, covert filming and release of personal information. Yet despite the practical significance of the courts' approach to damages, injunctions and other remedies for breach of privacy, very little has been written on the topic. This book comprehensively analyses these developments from a comparative perspective and provides solutions to issues which are coming to light as higher courts forge this remedial jurisprudence and practitioners look for guidance.Significantly, the essays are important not only for what they say about remedies, but also for the attention they give to the nature of the new privacy actions, providing deep insights into substantive law. The book includes contributions by academics, practitioners and judges from Australia, Canada, England, New Zealand and the United States, who are expert in the legal disciplines implicated by privacy remedies, including torts, equity, public law and conflict of laws. By bringing together this range of perspectives, the book offers authoritative insights into this cutting-edge topic. It will be essential reading for all those seeking to understand and resolve the new issues associated with privacy remedies.
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Remedies in Australian Private Law

Author: Katy Barnett,Sirko Harder

Publisher: Cambridge University Press

ISBN: 1107610834

Category: Law

Page: 552

View: 936

Remedies in Australian Private Law offers a clear, logical and complete treatment of remedies in common law, equity and statute. Designed in response to the rapid expansion of interest in this field of law, this book provides readers with a theoretical and practical framework for understanding the principles of private law remedies and how they are applied. Clearly structured with a strong black-letter law focus, this book includes detailed coverage of remedies for tort, breach of contract, the Australian Consumer Law and equitable obligations. It also includes discussion of theoretical perspectives on issues such as the fusion of common law and equity, the nature of reasonable fee awards and the concept of unjust enrichment. The systematic and accessible approach set out in this book will enable students, practitioners and others to develop an overarching conception of remedial law, and thereby enhance their capacity to analyse legal problems and find the best solutions.
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Commercial Contract Law

Transatlantic Perspectives

Author: Larry A. DiMatteo

Publisher: Cambridge University Press

ISBN: 1107028086

Category: Law

Page: 594

View: 7455

This book focuses on the law of commercial contracts as constructed by the U.S. and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives - doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach, and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law. Such a comparative analysis provides a basis for future developments and improvements of commercial contract law in both countries, as well as other countries that are members of the common law systems. At the same time, insights gathered here should also be of interest to scholars and practitioners of the civil law tradition.
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Commercial Remedies: Resolving Controversies

Author: Graham Virgo,Sarah Worthington

Publisher: Cambridge University Press

ISBN: 1316764559

Category: Law

Page: N.A

View: 449

The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.
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Public Procurement Law

Damages as an Effective Remedy

Author: Duncan Fairgrieve,François Lichère

Publisher: Bloomsbury Publishing

ISBN: 1847318673

Category: Law

Page: 248

View: 3993

Public procurement represents more than 15 per cent of European GDP and is one of the fastest growing sectors of the European economy. Public procurement law is also developing rapidly, not least in the area of remedies for breach of procurement rules. The aim of this book is to analyse the remedy of damages in public procurement law. The European Directive of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC has reaffirmed the importance of damages as a tool to enforce the proper award of public contracts, but has left the exact architecture of the damages remedy in the hands of the Member States. This book offers an overview of damages liability which is inclusive, coherent and practical, covering the relevant law and jurisprudence from a number of countries across Europe and further afield. The contributors are high-profile and authoritative commentators on public procurement law, including policy-makers, judges, academics and practitioners.
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A Casebook on Contract

Author: Andrew Burrows

Publisher: Bloomsbury Publishing

ISBN: 1782251448

Category: Law

Page: 898

View: 1322

This is the fourth, fully updated, edition of Professor Burrows' casebook, offering law students the ideal way to discover and understand contract law through reading highlights from the leading cases. Designed to be used in conjunction with a contract law textbook, this book covers the undergraduate contract law course in a series of clearly presented and carefully structured chapters. The author provides an expert introduction to each topic and his succinct notes and questions seek to guide students to a proper understanding of the cases. The relevant statutes are also set out along with a principled analysis of them. In addition to cross-references to further discussion in the leading textbooks, an innovative feature is the summary of leading academic articles in each chapter. The book is designed not to overwhelm students by its length but covers all aspects of the law of contract most commonly found in the undergraduate curriculum. Praise for previous editions: "Excellent update. Continues to be the best Text, Cases and Materials volume out there.?? Jeremias Prassl, St John's College, Oxford "The most up-to-date text. Student friendly?Excellent coverage of the case law.?? Dr Benjamin Andoh, Southampton Solent University, Law School "An outstanding casebook: concise extracts that capture all relevant aspects, clear and helpful comments, and up-to-date and well-selected suggestions for further reading.?? Florian Wagner Von Papp, University College London "Probably the best and most straightforward text, with very good commentary and overview of further reading'' Ewan McGaughey, King's College, London "?simply excellent, as it has case comments and insightful questions?to work out tutorial problems Burrows is essential." Anca Chirita, Durham Law School "Clear, comprehensive, incisive and up-to-date." Professor Joshua Getzler, St Hugh's College, Oxford
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Falsehood and Breach of Contract in New Zealand

Misrepresentations, Contractual Remedies, and the Fair Trading Act

Author: Bob Hollyman

Publisher: N.A

ISBN: 9781988504247

Category: Breach of contract

Page: 279

View: 7981

This work is a significant new commentary on the way private law deals with falsehoods, in the form of misrepresentations, misleading and deceptive conduct, and deceit. Beginning with an introduction which provides a general overview of various areas of law that fall within the ambit of the term ""falsehoods"", the book then provides a detailed treatment of the tort of deceit and its relevance in 21st century New Zealand. This is followed by a comprehensive discussion of the law of misrepresentation and breach of contract in the context of New Zealand's contractual remedies legislation. The fi.
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Understanding the Law of Obligations

Essays on Contract, Tort and Restitution

Author: Andrew Burrows

Publisher: Bloomsbury Publishing

ISBN: 1847311423

Category: Law

Page: 248

View: 9296

NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an [author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ... together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law Review
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The Law of Contract Damages

Author: Adam Kramer

Publisher: Bloomsbury Publishing

ISBN: 1509915850

Category: Law

Page: 720

View: 9964

Written by Adam Kramer, a commercial barrister and academic, the second edition of the acclaimed The Law of Contract Damages is the most comprehensive and detailed treatment available of this important dispute resolution area. The first edition is regularly cited in the courts and academic literature, and this new edition has been substantially updated to take account of over 150 recent decisions. To aid understanding and practicality of use, the book is primarily arranged by the type of complaint, such as the mis-provision of services, the non-payment of money, or the temporary loss of use of property, but also includes sections on causation, remoteness and other general principles. At all points, the work gathers together the cases from all relevant contractual fields, both those usually considered-construction, sale of goods, charterparties, professional services-and those less frequently covered in general works-such as SPAs, insurance, and landlord and tenant. It also refers to tort decisions where relevant, including full coverage of professional negligence damages, and gives detailed explanation of many practically important but often neglected areas, such as damages for lost management time and the proof of lost profits. The book provides authoritative and insightful analysis of damages for breach of contract and is an essential resource for practitioners and scholars in commercial law and other contractual fields.
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Commercial Remedies

Current Issues and Problems

Author: Andrew S. Burrows,Edwin Peel

Publisher: Oxford University Press on Demand

ISBN: 9780199264650

Category: Law

Page: 304

View: 2743

The sixth volume in the Oxford Law Colloquium Series analyses the workings of, and problems associated with, commercial remedies. The book adopts the format of a collection of essays by leading academics, each with a response from a practitioner offering an insight into how the differentelements of this subject are dealt with in practice. Beginning with a discussion of compensatory damages, the first Part then turns to limitations on compensation, and concludes with a re-evaluation of the SAAMCO principle. The second Part examines restitution and punishment, with particular focuson proprietary restitution for unjust enrichment and the restitution of profits made by a breach of contract. The final Part looks at how the law on agreed remedies might develop, analyses the impact of the Human Rights Act 1993 on litigation between private parties, and concludes with aconsideration of commercial remedies in the conflict of laws. This is a highly topical area of law and Commercial Remedies makes a significant contribution to the debate.
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Monetary Remedies for Breach of Human Rights

A Comparative Study

Author: Lisa Tortell

Publisher: Bloomsbury Publishing

ISBN: 1847312896

Category: Law

Page: 236

View: 4242

This book constructs a framework which allows a greater understanding of domestic causes of action for breaches of human rights sounding in a monetary remedy. The first part describes the cause of action in three jurisdictions: the United States of America, India and New Zealand. The second part discusses two insights resulting from a comparative analysis of these three jurisdictions. The first is a list of four common questions that, when answered, structure the cause of action. These questions address what the cause of action protects, who the cause of action protects, against whom the cause of action is directed, and what the court orders. The second is a list of four overarching influences that affected the answers given to those questions in the three jurisdictions, so completing the structure of the causes of action. These influences are the cause of action's source, age, wider context and internal context. Putting these two chapters together provides a generalised outline of the causes of action. In the third part of the book the analysis is turned around. The generalised framework is assessed as a way in which to categorise the development and shape of the cause of action in England under the Human Rights Act 1998. The book concludes that a generic structure of the cause of action is common to the three jurisdictions studied and that the differences between the jurisdictions can be explained by influences that affect the causes of action in different ways. Further, this generalised framework is of relevance beyond the three jurisdictions from which it was drawn; it can be used as a guide by other jurisdictions in which such a cause of action either exists or will develop in the future.
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Understanding Remedies

Author: James M. Fischer

Publisher: LexisNexis

ISBN: 1422486559

Category: Law

Page: 1124

View: 9348

This comprehensive Understanding treatise provides an introduction to the basic legal rules and principles that constitute the law of remedies as applied by United States courts. The Second Edition of Understanding Remedies represents a major reworking of the original work. The chapters have been reorganized so that the materials follow the customary approach of teaching remedies: (1) General principles applicable to damages, injunctions, and restitution; (2) Remedy defenses; (3) Applications, e.g., bodily injury remedies, breach of contract remedies; (4) Special problems, e.g., punitive damages, attorneys' fees. The materials are comprehensive and respect the nuance and subtlety of the subject. Understanding Remedies presents the richness of the topic to students who wish to gain both a fundamental appreciation of the subject and an insight into the myriad ways remedies influence the shape and dimension of modern American law.
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