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Author: C.E.F. Rickett
Publisher: Bloomsbury Publishing
ISBN: 184731435X
Category : Law
Languages : en
Pages : 422
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Book Description
In August 2006 the third Australian Obligations Conference was hosted in Brisbane by the TC Beirne School of Law. The theme of the Conference was “Justifying Private Law Remedies”. This book contains a number of the papers delivered at that Conference, presented under several categories but all dealing with the fundamental issue of justification: General Concepts; Performance; Compensation; Punishment; and Restitution and Disgorgement. The authors are largely drawn from the legal academy, and include Canadian, Australian, British and New Zealand scholars. The collection will be of interest to all those concerned with the role, nature and place of remedies in the private law of the common law world.
Author: C.E.F. Rickett
Publisher: Bloomsbury Publishing
ISBN: 184731435X
Category : Law
Languages : en
Pages : 422
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Book Description
In August 2006 the third Australian Obligations Conference was hosted in Brisbane by the TC Beirne School of Law. The theme of the Conference was “Justifying Private Law Remedies”. This book contains a number of the papers delivered at that Conference, presented under several categories but all dealing with the fundamental issue of justification: General Concepts; Performance; Compensation; Punishment; and Restitution and Disgorgement. The authors are largely drawn from the legal academy, and include Canadian, Australian, British and New Zealand scholars. The collection will be of interest to all those concerned with the role, nature and place of remedies in the private law of the common law world.
Author: Roger Halson
Publisher: Edward Elgar Publishing
ISBN: 1786431270
Category : Law
Languages : en
Pages : 544
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Book Description
p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent.
Author: Zoë Nathania Pascale Sinel
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 518
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Book Description
Author: Francis Hilliard
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 664
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Book Description
Author: Simone Degeling
Publisher: Bloomsbury Publishing
ISBN: 150993197X
Category : Law
Languages : en
Pages : 296
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Book Description
Many of the most influential contributions to private law scholarship in the latter part of the twentieth century go beyond purely doctrinal accounts of private law. A distinctive feature of these analyses is that they straddle the divide between legal philosophy, on the one hand, and the sort of traditional doctrinal analysis applied by the courts, on the other. The essays contained in this collection continue in this tradition. The collection is divided into two parts. The essays contained in the first part consider the nature of, and justification for, private rights generally. The essays in the second part address the justification for particular private law rights and doctrines. Offering insightful and innovative analyses, this collection will appeal to scholars in all fields of private law and legal theory.
Author: Zoë Nathania Pascale Sinel
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
Author: Paul B. Miller
Publisher: Oxford University Press, USA
ISBN: 0190865261
Category : Law
Languages : en
Pages : 553
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Book Description
"Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. For example, some tort theorists maintain that tort law is best understood as a (or perhaps the) law of civil wrongs and some contract law theorists maintain that breach of contract is a civil wrong. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. The present volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. It should be of broad interest to lawyers and legal theorists as well as moral and political theorists"--
Author: Peter Birks
Publisher: Oxford University Press
ISBN: 9780198262923
Category : Law
Languages : en
Pages : 362
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Book Description
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.
Author: Samuel L. Bray
Publisher:
ISBN:
Category :
Languages : en
Pages : 15
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Book Description
This paper is a contribution to the Oxford Handbook of New Private Law. It offers an outline of the remedies available in U.S. private law. It begins by canvassing the competing rationales offered for private law remedies, emphasizing as primary that the defendant is restoring the plaintiff to his rightful position. It then sketches how contract and tort achieve that goal, primarily through the development of measures and limiting principles. Next, the focus shifts from how private law remedies restore losses to how they transfer gains. It then introduces the panoply of remedies offered by equity, such as the injunction, specific performance, equitable rescission, accounting, and constructive trust. Once equity has been introduced, the basic structure of private law remedies has been outlined: the pursuit of the primary goal of having the defendant restore the plaintiff to the plaintiff's rightful position, the doctrines that limit that pursuit, and the additional remedies provided by the second-order system of equity. Next the paper extends the basic structure, or, depending on one's perspective, introduces anomalies: statutory damages, punitive damages, and declaratory judgments.
Author: Kellis E. Parker
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 928
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Book Description
