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Author :
Publisher : Stationery Office Books (TSO)
ISBN 13 : 9780102793987
Total Pages : 211 pages
Book Rating : 4.7/5 (939 download)
Download or read book Aggravated, Exemplary and Restitutionary Damages written by and published by Stationery Office Books (TSO). This book was released on 1997 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Great Britain. Law Commission
Publisher :
ISBN 13 : 9780117302167
Total Pages : 180 pages
Book Rating : 4.3/5 (21 download)
Download or read book Aggravated, Exemplary and Restitutionary Damages written by Great Britain. Law Commission and published by . This book was released on 1993 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aggravated, Exemplary and Restitutionary Damages
Author : Ireland. Law Reform Commission
Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.:/5 (31 download)
Download or read book Consultation Paper on Aggravated, Exemplary and Restitutionary Damages written by Ireland. Law Reform Commission and published by . This book was released on 1998 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Great Britain. Parliament. House of Commons. Justice Committee
Publisher : The Stationery Office
ISBN 13 : 9780215553454
Total Pages : 72 pages
Book Rating : 4.5/5 (534 download)
Download or read book Draft Civil Law Reform Bill written by Great Britain. Parliament. House of Commons. Justice Committee and published by The Stationery Office. This book was released on 2010 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Draft Civil Law Reform Bill : Pre-legislative scrutiny, sixth report of session 2009-10, Vol. 1: Report, together with formal Minutes
Author : Peter Jaffey
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311466
Total Pages : 474 pages
Book Rating : 4.8/5 (473 download)
Download or read book The Nature and Scope of Restitution written by Peter Jaffey and published by Bloomsbury Publishing. This book was released on 2000-09-16 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joint Winner of the 2001 SPTL Prize for Outstanding Legal Scholarship! In recent years there has been enormous interest in the law of restitution,with many new books and academic articles and a number of important decisions in the courts. However, there remains great controversy and some confusion, partly for historical reasons and partly as a result of continuing differences over the principles underlying the field. There are particular difficulties over the relation of the law of restitution to other areas of law, including contract and property law. In this new and innovative work the author advances a view of the framework of fundamental principles underlying the law of restitution which offers a means of understanding the tangle of conflicting authorities, and then proceeds to examine the case law in light of it. As part of his analysis, the author suggests new approaches to understanding the areas of overlap between restitution, contract, trusts and property law.
Author : James Goudkamp
Publisher : Bloomsbury Publishing
ISBN 13 : 1509967028
Total Pages : 409 pages
Book Rating : 4.5/5 (99 download)
Download or read book Landmark Cases in the Law of Punitive Damages written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2023-12-28 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punitive damages are private law's most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally. The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy's availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.
Author : Sirko Harder
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317472
Total Pages : 601 pages
Book Rating : 4.8/5 (473 download)
Download or read book Measuring Damages in the Law of Obligations written by Sirko Harder and published by Bloomsbury Publishing. This book was released on 2010-07-12 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Graham Virgo
Publisher : Oxford University Press
ISBN 13 : 0198885326
Total Pages : 913 pages
Book Rating : 4.1/5 (988 download)
Download or read book The Principles of the Law of Restitution written by Graham Virgo and published by Oxford University Press. This book was released on 2024-07-25 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. Substantially rewritten to reflect significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject, this book is grounded in its clarity of exposition and analysis. The new edition significantly expands existing chapters on the treatment of the history of unjust enrichment, enrichment, the treatment of legally effective bases for receipt, and compulsion. It further expands existing parts on restitution for wrongs and proprietary restitutionary claims as well as offering completely new chapters dealing with 'at the claimant's expense', 'absence of intent', and the defence of illegality. Focusing primarily on English law, the volume also engages with the law in other common law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. It provides a clear exposition of complex areas of law as well as critical analysis of that law. Timely and comprehensive, this book provides readers with a crucial guide to the law of restitution and will continue to be invaluable to student, academics, and practitioners alike.
Author : James Edelman
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310478
Total Pages : 314 pages
Book Rating : 4.8/5 (473 download)
Download or read book Gain-Based Damages written by James Edelman and published by Bloomsbury Publishing. This book was released on 2002-04-19 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : William Cornish
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313353
Total Pages : 372 pages
Book Rating : 4.8/5 (473 download)
Download or read book Restitution: Past, Present and Future written by William Cornish and published by Bloomsbury Publishing. This book was released on 1998-07-01 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume are dedicated to Gareth Jones, the retiring Downing Professor of English Law at the University of Cambridge. His contribution to legal scholarship has been immense, particularly in the fields of legal history, the law of trusts, charities law and, most famously, the law of restitution. The publication of the first edition of the Law of Restitution, which he co-authored with Lord Goff, stimulated a renaissance in the study of a subject which had previously lain dormant. The effect of its publication on English legal scholarship has been profound and enduring. In these essays, written by a group of the world's leading restitution scholars, the opportunity is taken to conduct a fresh appraisal of the development of the subject - to look, in other words, at the past, present, and future of the law of restitution. Contributors: John Baker, Peter Birks, Justice Finn, Roy Goode, Ewan McKendrick, Justice McLachlin, Sir Peter Millett, Lord Nicholls of Birkenhead, Richard Nolan, Janet O'Sullivan, Graham Virgo (as well as shorter contributions from invited commentators).
Author : Vanessa Wilcox
Publisher : Cambridge University Press
ISBN 13 : 1316668525
Total Pages : 227 pages
Book Rating : 4.3/5 (166 download)
Download or read book A Company's Right to Damages for Non-Pecuniary Loss written by Vanessa Wilcox and published by Cambridge University Press. This book was released on 2016-09-01 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems. One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves. In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles. This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.
Author : Francesco Giglio
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313531
Total Pages : 262 pages
Book Rating : 4.8/5 (473 download)
Download or read book The Foundations of Restitution for Wrongs written by Francesco Giglio and published by Bloomsbury Publishing. This book was released on 2007-03-06 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Restitution for wrongs', or 'restitutionary damages', is the judicial award which compels the wrongdoer to give up to the victim the benefit obtained through the perpetration of the wrong, independently of any loss suffered by the victim. The establishment of a civil trial in Roman law, which left compensation as the main response, and a widespread, loss-centred interpretation of the Aristotelian theory of corrective justice explain, but do not justify the difficulties encountered by modern attempts to account for restitutionary damages. Mistakes in the classification of this institution have complicated the picture. To overcome some of these problems, this study considers the basic structure of restitutionary damages from different angles. In part one, the topic is analysed from a comparative perspective. Although the focus remains on English law, the German, the Italian and the Roman jurisdictions provide research data which, in part two, support the development of a theory of restitution for wrongs as corrective justice.
Author : Andrew S. Burrows
Publisher :
ISBN 13 : 0199296510
Total Pages : 1101 pages
Book Rating : 4.1/5 (992 download)
Download or read book Cases and Materials on the Law of Restitution written by Andrew S. Burrows and published by . This book was released on 2007 with total page 1101 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading experts who have shaped and defined the law of restitution, the book provides an authoritative and scholarly guide to the subject. The second edition of this seminal title continues the formula of the first edition by combining a comprehensive coverage of cases with extracts from leading academic authorities.
Author : Elise Bant
Publisher : Bloomsbury Publishing
ISBN 13 : 1509939172
Total Pages : 448 pages
Book Rating : 4.5/5 (99 download)
Download or read book Punishment and Private Law written by Elise Bant and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.
Author : Andrew Burrows
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311423
Total Pages : 248 pages
Book Rating : 4.8/5 (473 download)
Download or read book Understanding the Law of Obligations written by Andrew Burrows and published by Bloomsbury Publishing. This book was released on 2000-11-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Author : Peter Birks
Publisher : Taylor & Francis
ISBN 13 : 1000288137
Total Pages : 450 pages
Book Rating : 4.0/5 (2 download)
Download or read book Restitution and Equity Volume 1: Resulting Trusts and Equitable Compensation written by Peter Birks and published by Taylor & Francis. This book was released on 2020-11-25 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of this volume collates papers from the Second Mansfield Symposium, which examined the areas of equity, trusts and restitution. The second part addresses the emerging field of equitable compensation and its implications.
Author : Great Britain: Law Commission
Publisher : The Stationery Office
ISBN 13 : 9780102965728
Total Pages : 84 pages
Book Rating : 4.9/5 (657 download)
Download or read book Annual report 2009-10 written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2010-06-29 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the year the Commission published five reports, making recommendation in areas as diverse as criminal conspiracy, consumer insurance and trust law and launched 11 consultations. The Commission was pleased to see the implementation of their recommendations in their reports on Reforming bribery as contained in the Bribery Act; Capital & income in trusts: classification & apportionment; and Murder, manslaughter and infanticide. However the Commission was disappointed with the then Government response to the report on Damages as contained in the draft Civil Law Reform Bill and the decision not to proceed with their work on Limitation. Also for the first time this year the Commission staged an exhibition in the Houses of Parliament to raise their profile.
