Remedies for Torts and Breach of Contract

Author: Andrew S. Burrows

Publisher: Oxford University Press on Demand

ISBN: 9780406977267

Category: Law

Page: 664

View: 5312

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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Comparative Remedies for Breach of Contract

Author: Nili Cohen,Ewan McKendrick

Publisher: Hart Publishing

ISBN: 1841134538

Category: Law

Page: 326

View: 379

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 and does so from the viewpoint of different legal systems, principally the English, American, German, French and Israeli. Each essay is written by a recognized specialist in his or her own field. Topics covered include the recent reforms of the law relating to breach of contract in Germany 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 also contains an introductory essay, written by the editors, and an essay which deals with the relationship between substantive rights and contract remedies.
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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: 2875

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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Measuring Damages in the Law of Obligations

The Search for Harmonised Principles

Author: Sirko Harder

Publisher: Bloomsbury Publishing

ISBN: 1847317472

Category: Law

Page: 330

View: 6770

This book challenges certain differences between contract, tort and equity in relation to the measure (in a broad sense) of damages. Damages are defined as the monetary award made by a court in consequence of a breach of contract, a tort or an equitable wrong. In all these causes of action, damages usually aim to put the claimant into the position the claimant would be in without the wrong. Even though the main objective of damages is thus the same for each cause of action, their measure is not. While some aspects of the measure of damages are more or less harmonised between contract, tort and equity (e.g. causation in fact and mitigation), significant differences exist in relation to (1) remoteness of damage, which is the question of whether, when and to which degree damage needs to be foreseeable to be recoverable; (2) the compensability of non-pecuniary loss such as pain and suffering, distress and loss of reputation; (3) the effect of contributory negligence, which is the victim's contribution to the occurrence of the wrong or the ensuing loss through unreasonable conduct prior to the wrong; (4) the circumstances under which victims of wrongs can claim the gain the wrongdoer has made from the wrong; and (5) the availability and scope of exemplary (or punitive) damages. For each of the five topics, this book examines the present position in contract, tort and equity and establishes the differences between the three areas. It goes on to scrutinise the arguments in defence of existing differences. The conclusion on each topic is that the present differences between contract, tort and equity cannot be justified on merits and should be removed through a harmonisation of the relevant principles.
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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: 4481

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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Common law

Author: Oliver Wendell Holmes

Publisher: N.A

ISBN: 9783428121519

Category: Common law

Page: 423

View: 6226

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Remedies in Construction Law

Author: Roger ter Haar

Publisher: Taylor & Francis

ISBN: 1135133298

Category: Law

Page: 464

View: 8915

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. This is the first time that the subject of remedies has been approached in this way with regard to construction law specifically. The book also includes chapters on how to resolve a dispute through different methods of alternative dispute resolutions.
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Wrongs and Remedies in the Twenty-first Century

Author: Society of Public Teachers of Law (London, England)

Publisher: Oxford University Press

ISBN: 9780198262923

Category: Law

Page: 333

View: 2062

When potential litigants first approach a lawyer they are generally interested in finding out one thing only: are they likely to be able to win damages or any other kind of remedy and what kind of quantum of damages are they likely to receive? It becomes the lawyers main task to try to argue for a remedy and to persuade the court that the plaintiff has a good cause of action. Textbooks about contract and tort frequently treat damages and other remedies as an after thought when in fact it is the issue of remedies which is a constant and an ever present consideration for the plaintiff and his or her lawyer. This new book, containing contributions from many of the UKs leading specialists brings to the fore a range of issues which are of topical interest to litigators and to teachers of law. In some instances the issues are currently the subject of reform proposals and these essays usefully highlight the principle issues facing the reformers and the objections which have been raised by those opposed to reform. In addition four of the essays tackle a strand of tort law which is of rapidly growing importance - the area of professional negligence. The contributors are among the best known writers in this field and their essays combine practical and academic perspectives which usefully highlight contemporary trends in professional negligence litigation. The first chapter in the book also offers a unique and controversial overview of tort law in the UK by Professor Patrick Atiyah who argues for a complete rethink of the system of personal injuries litigation in the UK, starting with its abolition and replacement by a vastly expanded system of private insurance.
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Performance-Oriented Remedies in European Sale of Goods Law

Author: Vanessa Mak

Publisher: Bloomsbury Publishing

ISBN: 1847314805

Category: Law

Page: 244

View: 5361

Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.
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Gain-Based Damages

Contract, Tort, Equity and Intellectual Property

Author: James Edelman

Publisher: Bloomsbury Publishing

ISBN: 1847316824

Category: Law

Page: 320

View: 6088

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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Anson's Law of Contract

Author: Jack Beatson,Jack Beatson Fba,Fba Burrows, Qc,Andrew Qc (Hon)

Publisher: Oxford University Press

ISBN: 0198734786

Category:

Page: 864

View: 4732

Popular amongst students and practitioners, Anson's Law of Contract is a well-established and well-respected classic of contract law. Written by three of the foremost experts in the field, it provides an authoritative account of the subject. Detailed, yet clear, the authors lead readers through extensive explanations and analyses of the key underlying principles of contract law. Thoroughly updated in this 30th edition to incorporate the most recent legislation and case law, including the Consumer Rights Act 2015, this definitive work is essential reading on contract law.
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Law of Remedies

Damages, Equity, Restitution

Author: Dan B. Dobbs

Publisher: West Academic Publishing

ISBN: 9780314011237

Category: Law

Page: 972

View: 7019

Rev. ed. of : Handbook on the law of remedies. 1973.
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Common Law Tort & Contract

Author: Thomas Lundmark

Publisher: LIT Verlag Münster

ISBN: 9783825837396

Category: Law

Page: 200

View: 5658

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Private Law and the Rule of Law

Author: Lisa M Austin,Dennis Klimchuk

Publisher: OUP Oxford

ISBN: 0191045578

Category: Law

Page: 375

View: 2549

The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.
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An Introduction to Health and Safety Law

A Student Reference

Author: David Branson

Publisher: Routledge

ISBN: 131767460X

Category: Technology & Engineering

Page: 212

View: 7699

An Introduction to Health and Safety Law provides a clear, concise overview of health and safety law in the United Kingdom. With reference to the European Union, this book discusses criminal and civil liability at length to provide a clear understanding of this area of law which has been subject to change over the 20 years. Key case studies and statistical information on prosecutions, fines and enforcement notices help to contextualise health and safety law to provide students and professionals with a full understanding of health and safety law in the UK. This book includes chapters on: the legal framework criminal liability enforcement of criminal liability civil liability civil remedy subordinate legislation. This book is an essential reference for students studying towards NEBOSH qualifications and students studying at university level. It provides a comprehensive understanding of UK health and safety law and will be a useful reference when entering the professional field.
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Remedies for Breach of Contract

A Comparative Analysis of the Protection of Performance

Author: Solène Rowan

Publisher: OUP Oxford

ISBN: 0191630055

Category: Law

Page: 296

View: 8830

A thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future. The book approaches English law remedies for breach of contract through the comparative study of French law, which offers significant scope for informative contrast. It sheds new light on contractual remedies in both jurisdictions and challenges fundamental aspects of English law in this area. With coverage of lively academic debates and recent developments in the case law on both sides of the Channel, the book discusses topical issues. There is also commentary on aspects of two recent far-reaching reform projects relating to the French Civil code and of the Draft Common Frame of Reference. Indispensable reading for private lawyers from common and civil law backgrounds with an interest in remedies for breach of contract, whether comparatists or not, the book should prove to be an invaluable resource for students, academics and practitioners on the current state and future reform of the law in this area.
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Business Torts Litigation

Author: Ann E. Georgehead,Robert Y. Gwin,David A. Soley

Publisher: American Bar Association

ISBN: 9781590314845

Category: Law

Page: 345

View: 4275

A litigator's guide to current business torts law, this desktop provides a concise review of the important issues, general rules, major exceptions, and applicable theories, elements, required proof, remedies, and defenses in each of the mjor business tort areas. Each chapter provides a summary and overview of the law, citing leading case and treatise authority.
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Subsea International’ 93

Low Cost Subsea Production Systems

Author: Society for Underwater Technology (SUT)

Publisher: Springer Science & Business Media

ISBN: 9401117179

Category: Technology & Engineering

Page: 171

View: 3126

The three parts of this volume - Technical Refinement; Technical Innovation; and Project Management and Risk Minimisation - reflect the areas of opportunity for improved cost effective techniques for exploration and production of oil and gas in the North Sea and worldwide. The book is indispensable for engineers and scientists interested in the latest advances in technology and resource management that will reduce costs and continue to enhance the safe exploration of oil and gas resources. This volume comprises a selection of contributions presented at the International Conference Subsea International '93, held 28--29 April 1993 in Aberdeen, U.K.
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The Law of Restitution in Nigeria

Author: Festus Emiri

Publisher: African Books Collective

ISBN: 9785157830

Category: Law

Page: 652

View: 8507

The Law of Restitution in Nigeria covers the historical development of restitution in law, its scope, and contemporary issues related to it. Some of the issues covered are: Ignorance; Incapacity; Exploitation; Enrichment at the plaintiffs expense; Restitution for wrongs and general principles, torts, breach of contract, equitable wrongdoing, criminal offenses; Defenses relating to changing circumstances; Illegality; and limitation of actions in restitution.
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