Hadley V Baxendale

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The Law of Equitable Remedies

Author : Jeffrey Bruce Berryman
Publisher : Essentials of Canadian Law
ISBN 13 : 9781552213308
Total Pages : 596 pages
Book Rating : 4.2/5 (133 download)

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Book Synopsis The Law of Equitable Remedies by : Jeffrey Bruce Berryman

Download or read book The Law of Equitable Remedies written by Jeffrey Bruce Berryman and published by Essentials of Canadian Law. This book was released on 2013 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition traces the development in the Canadian law of equitable remedies, greatly influenced by decisions of the Supreme Court of Canada which, since the first edition, has ruled on the availability of Anton Piller orders, specific performance, equitable compensation, and rectification. Beyond these substantive equitable remedies the Supreme Court has also opined on a number of occasions about the nature of modern equity in Canada; in effect, breathing life into equity's distinctive methodology. New areas covered in this edition include the maxims of equity; the appropriate default test for interlocutory injunctions including new discussion on when it is appropriate to allow a view of the merits of the substantive dispute to determine the interlocutory proceedings; the general principles of specific performance, including a critique of the current law on enforcement of keep-open clauses; the contemporary impact of the Supreme Court of Canada's rulings on the availability of specific performance, particularly for those who invest in l∧ a discussion of equitable damages and equitable compensation which includes new commentary on when damages are assessed that go beyond compensation and toward disgorgement; and new material on rectification, including a section on rectification and taxation cases.

Rethinking the Law of Contract Damages

Author : Victor P. Goldberg
Publisher : Edward Elgar Publishing
ISBN 13 : 1789902517
Total Pages : 279 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Rethinking the Law of Contract Damages by : Victor P. Goldberg

Download or read book Rethinking the Law of Contract Damages written by Victor P. Goldberg and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.

The Law of Contracts

Author : John D. McCamus
Publisher :
ISBN 13 : 9781552210185
Total Pages : 1094 pages
Book Rating : 4.2/5 (11 download)

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Book Synopsis The Law of Contracts by : John D. McCamus

Download or read book The Law of Contracts written by John D. McCamus and published by . This book was released on 2005 with total page 1094 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an up-to-date, comprehensive, and accessible account of the Canadian common law of contracts. It includes chapters on emerging topics such as good faith bargaining, the duty to perform in good faith and new developments in remedies, including disgorgement and punitive damages. It is written by one of Canada's leading authorities in the field.

Landmark Cases in the Law of Contract

Author : Charles Mitchell
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317103
Total Pages : 380 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Landmark Cases in the Law of Contract by : Charles Mitchell

Download or read book Landmark Cases in the Law of Contract written by Charles Mitchell and published by Bloomsbury Publishing. This book was released on 2008-05-30 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark Cases in the Law of Contract offers twelve original essays by leading contract scholars. As with the essays in the companion volume, Landmark Cases in the Law of Restitution (Hart, 2006) each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context. The cases range from the early eighteenth- to the late twentieth-centuries, and deal with an array of contractual doctrines. Some of the essays call for their case to be stripped of its landmark status, whilst others argue that it has more to offer than we have previously appreciated. The particular historical context of these landmark cases, as revealed by the authors, often shows that our current assumptions about the case and what it stands for are either mistaken, or require radical modification. The book also explores several common themes which are fundamental to the development of the law of contract: for instance, the influence of commercial expectations, appeals to 'reason' and the significance of particular judicial ideologies and techniques.

Liquidated Damages and Penalties

Author :
Publisher :
ISBN 13 : 9780724167296
Total Pages : 20 pages
Book Rating : 4.1/5 (672 download)

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Book Synopsis Liquidated Damages and Penalties by :

Download or read book Liquidated Damages and Penalties written by and published by . This book was released on 1988 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Remedies in Construction Law

Author : Roger ter Haar
Publisher : Taylor & Francis
ISBN 13 : 1317194950
Total Pages : 485 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Remedies in Construction Law by : Roger ter Haar

Download or read book Remedies in Construction Law written by Roger ter Haar and published by Taylor & Francis. This book was released on 2017-06-14 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Matter of Interpretation

Author : Antonin Scalia
Publisher : Princeton University Press
ISBN 13 : 0691174040
Total Pages : 197 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis A Matter of Interpretation by : Antonin Scalia

Download or read book A Matter of Interpretation written by Antonin Scalia and published by Princeton University Press. This book was released on 2018-01-30 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

Justice in Transactions

Author : Peter Benson
Publisher : Belknap Press
ISBN 13 : 0674237595
Total Pages : 625 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Justice in Transactions by : Peter Benson

Download or read book Justice in Transactions written by Peter Benson and published by Belknap Press. This book was released on 2019-12-17 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: “One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.

Foundational Principles of Contract Law

Author : Melvin A. Eisenberg
Publisher : Oxford University Press
ISBN 13 : 0199875677
Total Pages : 905 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Foundational Principles of Contract Law by : Melvin A. Eisenberg

Download or read book Foundational Principles of Contract Law written by Melvin A. Eisenberg and published by Oxford University Press. This book was released on 2018-09-20 with total page 905 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundational Principles of Contract Law not only sets out the principles and rules of contract law, it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of the book is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules. Professor Eisenberg covers almost all areas of contract law, including the enforceability of promises, remedies for breach of contract, problems of assent, form contracts, the effect of mistake and changed circumstances, interpretation, and problems of performance. Although the emphasis of the book is on the principles and rules of contract law, it also covers important theories in contract law, such as the theory of efficient breach, the theory of overreliance, the normative theory of contracts, formalism, and theories of contract interpretation.

Remedies for Breach of Contract

Author : Mindy Chen-Wishart
Publisher : Oxford University Press
ISBN 13 : 0191074411
Total Pages : 531 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Remedies for Breach of Contract by : Mindy Chen-Wishart

Download or read book Remedies for Breach of Contract written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2016-02-12 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.

Recovery of Damages for Fraud

Author : Robert L. Dunn
Publisher :
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Recovery of Damages for Fraud by : Robert L. Dunn

Download or read book Recovery of Damages for Fraud written by Robert L. Dunn and published by . This book was released on 1995 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Behind Every Successful President

Author : Alice E. Anderson
Publisher : SPI Books, U.S.
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Behind Every Successful President by : Alice E. Anderson

Download or read book Behind Every Successful President written by Alice E. Anderson and published by SPI Books, U.S.. This book was released on 1992 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: We discovered that Nancy Reagan, and even her astrologer, had a major impact on Ronald Reagan's schedule and policy decisions. Was Barbara Bush a major factor in President Bush's administration? If the histories of the fifteen powerful First Ladies revealed in this book are any indication, Mrs. Bush's influence should be right up there with our nation's top cabinet members. Readers will learn how Rosalyn Carter sat in on most cabinet meetings and could barely hide her dominating personality-and how Jackie Kennedy was much more than the fashion accessory the press took her for. From Mrs Bush back to Mrs Hoover, this first-of-its-kind superbly researched book on America's First Ladies is sure to shock, inform and delight readers.

A Manual of Style for Contract Drafting

Author : Kenneth A. Adams
Publisher : American Bar Association
ISBN 13 : 9781590313800
Total Pages : 276 pages
Book Rating : 4.3/5 (138 download)

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Book Synopsis A Manual of Style for Contract Drafting by : Kenneth A. Adams

Download or read book A Manual of Style for Contract Drafting written by Kenneth A. Adams and published by American Bar Association. This book was released on 2004 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.

Contracts: Happiness and Heartbreak (Second Edition)

Author : Randall Kennedy
Publisher :
ISBN 13 :
Total Pages : 685 pages
Book Rating : 4.6/5 (667 download)

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Book Synopsis Contracts: Happiness and Heartbreak (Second Edition) by : Randall Kennedy

Download or read book Contracts: Happiness and Heartbreak (Second Edition) written by Randall Kennedy and published by . This book was released on 2020-08-06 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracting often facilitates happiness. It enables us to do things we would otherwise be unable to do and thus to live more fully, richly, enjoyably. We enter into contracts constantly, often with little consciousness about legal consequences. Typically we become self-conscious only when a problem arises. Our course will mainly be about problems arising from contracting. It is largely an exploration of contract pathology.

Commercial Remedies: Resolving Controversies

Author : Graham Virgo
Publisher : Cambridge University Press
ISBN 13 : 1316764559
Total Pages : 625 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Commercial Remedies: Resolving Controversies by : Graham Virgo

Download or read book Commercial Remedies: Resolving Controversies written by Graham Virgo and published by Cambridge University Press. This book was released on 2017-08-24 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Uniform Laws Annotated

Author :
Publisher :
ISBN 13 :
Total Pages : 708 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Uniform Laws Annotated by :

Download or read book Uniform Laws Annotated written by and published by . This book was released on 1966 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Economics of Contract Law

Author : Douglas G. Baird
Publisher : Edward Elgar Publishing
ISBN 13 :
Total Pages : 686 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Economics of Contract Law by : Douglas G. Baird

Download or read book Economics of Contract Law written by Douglas G. Baird and published by Edward Elgar Publishing. This book was released on 2007 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important volume presents a rich collection of ideas on and insights into the law and economics of contracts. It includes material relevant to a large number of legal fields. Many of the articles are classics that have, over the years, become focal points for continuing debate; others provide an easily accessible account of particular areas. The editor's comprehensive introduction provides an overview of law and economics scholarship in contracts over the past few decades and a portal into an evolving field. Topics include: the economics of contracting; efficient breach and renegotiation; expectation damages and its alternatives; default rules and mass markets.