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Consultation Paper On Aggravated Exemplary And Restitutionary Damages
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Book Synopsis Consultation Paper on Aggravated, Exemplary and Restitutionary Damages by : Ireland. Law Reform Commission
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:
Book Synopsis Wrongs and Remedies in the Twenty-first Century by : Peter Birks
Download or read book Wrongs and Remedies in the Twenty-first Century written by Peter Birks and published by Oxford University Press. This book was released on 1996 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 lawyer's 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 ever-present consideration for the plaintiff and his or her lawyer. This new book, containing contributions from many of the UK's 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 principal 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. Not for the first time, Professor Atiyah thinks the unthinkable.
Book Synopsis Markesinis and Deakin's Tort Law by : Simon F. Deakin
Download or read book Markesinis and Deakin's Tort Law written by Simon F. Deakin and published by . This book was released on 2019 with total page 1011 pages. Available in PDF, EPUB and Kindle. Book excerpt: Markesinis and Deakin's Tort Law is an authoritative, analytical, and well-established textbook, now in its eighth edition. The authors provide a variety of comparative and economic perspectives on the law of tort and its likely development, placing the subject in its socio-economic context, giving students a deeper understanding of tort law.
Book Synopsis Landmark Cases in the Law of Punitive Damages by : James Goudkamp
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.
Book Synopsis Understanding the Law of Obligations by : Andrew Burrows
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 146 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
Book Synopsis The Nature and Scope of Restitution by : Peter Jaffey
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.
Book Synopsis Gain-Based Damages by : James Edelman
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.
Book Synopsis Poole's Casebook on Contract Law by :
Download or read book Poole's Casebook on Contract Law written by and published by Oxford University Press. This book was released on 2023-05-31 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: All the cases you need, together with the tools to understand them. This contract casebook presents all the leading cases, supplemented by succinct author commentary and thought-provoking questions to deepen understanding. Poole's Casebook on Contract Law takes a uniquely supportive approach to give students the confidence to engage with and analyse judgments. Digital formats andresources: The sixteenth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access alongwith functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks A selection of online resources accompanies this text, including: - Exercises and guidance on reading cases
Book Synopsis The Law of Obligations by : Andrew Robertson
Download or read book The Law of Obligations written by Andrew Robertson and published by Routledge. This book was released on 2012-07-23 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays makes an important contribution to debate about the structure underlying private law and the relationships between its different branches. The contributors, including leading private law scholars from Australia, England and Canada, provide valuable insights by looking beyond the traditional categories and accepted structure of the law of obligations. This book covers three topics. The first is concerned with classification and the law of remedies. The chapters on this topic deal with both the classification of remedies themselves and with remedial issues that cross classificatory boundaries within the law of obligations. The chapters on the second topic reconsider some of the boundaries drawn by judges and scholars within the law of obligations. The third topic deals with the relationship between obligations and property. The chapters in this book offer illuminating new perspectives on fundamental issues in the law of obligations. Together, they provide a thought-provoking reconsideration of connections and boundaries in private law.
Download or read book Unjust Enrichment written by Hanoch Dagan and published by Cambridge University Press. This book was released on 1997-09-18 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a sophisticated comparative analysis of the doctrine of unjust enrichment in the North American and Jewish legal systems, and in international law. By offering an explanatory theory which brings to light the normative underpinnings of the doctrine, it facilitates the prediction of legal outcomes and supplies the necessary tools for evaluating existing legal rules. Applying both theoretical analysis and comparative legal techniques, the study claims that the choice of compensation arising from a claim of unjust enrichment is not a matter of legal technicality. Instead it describes how the legal choice of a pecuniary remedy can be seen to embody a choice between competing values. This decision, writes Dagan, is implicated in the prevailing background ethos of the society at issue, and is deeply influenced by its own complex conceptions of self and of community.
Book Synopsis Punishment and Private Law by : Elise Bant
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 474 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.
Book Synopsis Form and Substance in the Law of Obligations by : Andrew Robertson
Download or read book Form and Substance in the Law of Obligations written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the relationship between form and substance in the law of obligations. It builds on the rich tradition of legal thought that deploys the concepts of form and substance to inform our understanding of the common law. The essays in this collection offer multiple conceptions of form and substance and cover an array of private law subjects, scholarly approaches and jurisdictions. The collection makes it clear that the interplay between form and substance is a key element of the dynamism that characterises this area of the law.
Book Synopsis A Company's Right to Damages for Non-Pecuniary Loss by : Vanessa Wilcox
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.
Download or read book Street on Torts written by John Murphy and published by Oxford University Press, USA. This book was released on 2007 with total page 765 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Street on Tort' has long been renowned for its clear and wide-ranging coverage of the law of torts, explaining how torts actually work and the social purposes behind them. This edition continues to cover the range of torts, and takes account of the growing importance of the Human Rights Act in tort issues.
Book Synopsis Contract Law by : Mindy Chen-Wishart
Download or read book Contract Law written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2018 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides an accessible account of the intricacies of contract law and the problems that can arise during the life of a contract. These problems, along with their solutions, are discussed in detail using everyday language that stimulates thought and reflection.
Book Synopsis The Methodology of Constitutional Theory by : Dimitrios Kyritsis
Download or read book The Methodology of Constitutional Theory written by Dimitrios Kyritsis and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.
Book Synopsis Markesinis and Deakin's Tort Law by : Simon Deakin, FBA
Download or read book Markesinis and Deakin's Tort Law written by Simon Deakin, FBA and published by Oxford University Press. This book was released on 2012-10-18 with total page 1002 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully updated to cover developments including the Protection from Harassment Act 1997, the Human Rights Act, Regina vs. Ireland, and Regina vs. Burstow, this book provides comprehensive commentary on tort law. The authors provide a variety of comparative and economic perspectives upon the area.
