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Author: Robert L. Dunn
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 456
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Book Description
Author: Robert L. Dunn
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 456
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Book Description
Author: Robert L. Dunn
Publisher: Cromwell-Smith Services
ISBN:
Category : Law
Languages : en
Pages : 562
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Book Description
Author: George Washington Field
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 816
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Book Description
Author: John C. McCarthy
Publisher:
ISBN:
Category : Bad faith (Law)
Languages : en
Pages : 548
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Book Description
Author: Wee Ling Loo
Publisher:
ISBN:
Category : Damages
Languages : en
Pages :
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Author: Richard L. Hasen
Publisher: Wolters Kluwer
ISBN: 0735584613
Category : Law
Languages : en
Pages : 472
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Book Description
Examples & Explanations: Remedies will be a new student favorite with its tried-and-true E&E format. This problem-oriented guide is designed and organized to complement any major remedies casebook and build student comprehension in a carefully constructed, step-by-step approach. It explains remedies, policies and rules, and uses examples to show how lawyers and judges apply the rules to formulate concrete solutions to disputes. Offering a logical and guided format, this valuable supplemental source for your students: covers the areas included in most remedies courses, including damages, injunctions, and restitution, as well as other important topics such as declaratory judgments, punitive damages, and remedial defenses; builds student understanding step-by-step, moving from the basics to the more complex and allowing students to apply the law to particular fact patterns; allows students to study chapters in any order; demystifies the language of remedies using straightforward and student-friendly examples, charts, and illustrations; shows students how to "do the math" related to issues such as computing compensatory damages, present value, and constructive trusts; offers compatibility with all major remedies books, including those that approach remedies through public law and those that approach it through private law; remains the only book in the field to provide both black letter law and examples and answers to build student knowledge; the level of complexity builds as examples continue in each chapter; discusses major remedies cases ( Hadley v. Baxendale ; State Farm v. Campbell ; Sullivan v. O'Connor ), provides detailed coverage of the draft Restatement (Third) of Restitution, and gives detailed analyses of remedies issues under Article 2 of the Uniform Commercial Code
Author: Gregory Klass
Publisher:
ISBN:
Category :
Languages : en
Pages : 67
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Book Description
There is a longstanding debate about whether courts should enforce contract terms purporting to limit the parties' liability for fraud. Less often noticed is that many contracts are designed to incorporate fraud liability, by requiring one party to make representations about her performance that, if false, can satisfy the elements of deceit. Such contractual representations are best understood as members of a broader, hitherto underappreciated category of contract terms: duties designed to increase the other party's chances of recovering for breach. Examples include the duty to keep records, to share information about performance, to permit audits, or not to hide breach. This Article shows that difficulties in proving proximate harm entail that legal liability for the breach of such terms makes a practical difference only when it includes penalties, punitive damages or other extra-compensatory measures. Parties now contract for liability in fraud, where punitive damages are available, because they cannot get these remedies in contract. The Article also argues that most of the costs of extra-compensatory remedies (such as deterring efficient breach) don't apply when they are attached to duties to cooperate in recovery, and that, in many cases, adopting such duties is a better solution to under-enforcement than adopting a damages multiplier.The practical upshot is a strong argument against rulings, most recently via a broad reading of the economic loss doctrine, that there can be no liability in fraud for lies that are also breaches. Rather than serving the oft-stated goal of protecting the parties' contractually chosen allocation of risk, these rules defeat party choice. Even better, however, would be exceptions to the rules against penalties and punitive damages when those remedies are attached to the breach a duty to cooperate in recovery.
Author: Leland M. Johns
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 680
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Book Description
California Damages: Law & Proof is the first book in California to analyze the law of proof & damages in a single volume; previously these issues had to be found by researching several titles in several volumes. This book pulls the subject together by providing a clear, succinct, & well organized statement of the law & proof of compensatory & punitive damages in tort actions, including associated evidentiary issues. Written for both plaintiffs & defense lawyers, this handbook for busy practitioners can save countless hours in preparation for trial or settlement negotiations, & covers the most recent law on personal injury, injury to spouses & children, wrongful death, property damages, fraud, defamation, noneconomic damages, infliction of emotional distress, punitive damages, contribution & indemnity, & much more.
Author: Thomas Grant (Barrister)
Publisher:
ISBN: 9780414039445
Category : Fraud
Languages : en
Pages : 1245
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Book Description
Lightman & Moss, as it is commonly known, is an authority on the law of receivers and administrators of companies and explains the principles clearly, legislation and case law that shapes receivership and administration practice and highlights recent developments in this area, giving guidance to help clarify areas of uncertainty and ensures that technical issues are more readily understood . It goes through procedure for appointment of receivers and administrators, sets out duties and liabilities of receivers and administrators, deals with continuation of trading, disposals and reorganisations, liquidation and receivership, considers issues relating to taxation, leases, set-off and liens, pensions and employees, covers the position of bankers and creditors, addresses the removal, resignation, termination and discharge of directors and examines the case law generated under the new insolvency regime
Author: Texas
Publisher:
ISBN:
Category : Commercial law
Languages : en
Pages : 524
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Book Description
