Remedies In Contract And Tort


Remedies In Contract And Tort
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Remedies In Contract And Tort


Remedies In Contract And Tort
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Author : Donald Harris
language : en
Publisher: Cambridge University Press
Release Date : 2002-03

Remedies In Contract And Tort written by Donald Harris and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-03 with Law categories.


Remedies is one of the key organizing concepts of the obligations approach to the common law. This second edition modernizes the former 1995 edition quite considerably. It determines the place of remedies in contract and tort within the debate about the reform of the common law obligation.



Remedies In Contract And Tort


Remedies In Contract And Tort
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Author : Donald Harris
language : en
Publisher: Fred B Rothman & Company
Release Date : 1988-01

Remedies In Contract And Tort written by Donald Harris and has been published by Fred B Rothman & Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-01 with Law categories.


Remedies is one of the key organizing concepts of the obligations approach to the common law.



Remedies In Contract And Tort


Remedies In Contract And Tort
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Author : Donald Harris
language : en
Publisher: Weidenfeld & Nicolson
Release Date : 1988-01

Remedies In Contract And Tort written by Donald Harris and has been published by Weidenfeld & Nicolson this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-01 with Contracts categories.


This student text was previously published by Weidenfeld and Nicolson. Contact and tort are core subjects which are increasingly taught alongside each other. As well as providing a full account of the law on remedies in contract and tort, this book looks at how the law actually operates in practice. The many similarities, and the considerable differences, between the law of contract and tort are thoroughly investigated.



Remedies For Torts And Breach Of Contract


Remedies For Torts And Breach Of Contract
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Author : Andrew S. Burrows
language : en
Publisher: Oxford University Press, USA
Release Date : 2004

Remedies For Torts And Breach Of Contract written by Andrew S. Burrows and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Breach of contract categories.


Now in its third edition this popular text has been comprehensively rewritten to take account of all new developments in the law, as well as Law Commission reports and academic writings. The book has also been restructured and divided into parts which correspond to the primary functions of the remedies for torts and breach of contract, namely compensation, restitution and punishment, compelling performance or preventing (or compelling the undoing of) a wrong, and declaring rights. Reflecting their increased importance in practice, and the considerable recent academic attention devoted to them, there is also a new chapter on remedies for equitable wrongs such as breach of fiduciary duty and reach of confidence.



Comparative Remedies For Breach Of Contract


Comparative Remedies For Breach Of Contract
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Author : Nili Cohen
language : en
Publisher: Hart Publishing
Release Date : 2005

Comparative Remedies For Breach Of Contract written by Nili Cohen and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.


The book provides a comparative analysis of the law relating to remedies for breach of contract from the viewpoint of various legal systems.



Research Handbook On Remedies In Private Law


Research Handbook On Remedies In Private Law
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Author : Roger Halson
language : en
Publisher: Edward Elgar Publishing
Release Date :

Research Handbook On Remedies In Private Law written by Roger Halson and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.


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.



Remedies For Breach Of Contract


Remedies For Breach Of Contract
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Author : Solène Rowan
language : en
Publisher: Oxford University Press on Demand
Release Date : 2012-01-26

Remedies For Breach Of Contract written by Solène Rowan and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-26 with Law categories.


Presenting a comprehensive and timely examination of remedies for breach of contract, this text analyses and challenges fundamental features of English contract law.



Sourcebook On Obligations And Legal Remedies


Sourcebook On Obligations And Legal Remedies
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Author : Geoffrey Samuel
language : en
Publisher: Routledge
Release Date : 1999

Sourcebook On Obligations And Legal Remedies written by Geoffrey Samuel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Contracts categories.


This sourcebook provides a selection of primary source materials on contract, tort and restitution to offer an introduction to the law of obligations. The book also sets out to act as an introductory primary sourcebook on the law of remedies, with sections devoted to debt, damages, account, injunctions and rescission. The book is intended to be comprehensive on problem-solving and legal reasoning in the context of the law of obligations. It is designed to be a collection of materials and commentary for students interested not only in the techniques of positive law problem-solving but also in bridging the gap with more theoretical subjects such as comparative law and jurisprudence.



Remedies For Torts Breach Of Contract And Equitable Wrongs


Remedies For Torts Breach Of Contract And Equitable Wrongs
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Author : Andrew Burrows
language : en
Publisher:
Release Date : 2019

Remedies For Torts Breach Of Contract And Equitable Wrongs written by Andrew Burrows and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.


The fourth edition of Andrew Burrows' seminal work Remedies for Torts, Breach of Contract, and Equitable Wrongs (previously Remedies for Torts and Breach of Contract), updates and extends coverage of judicial remedies for civil wrongs in English law. Since the release of the previous edition in 2004, the scope of discussion in the book has developed to include many contemporary case studies. Examples of these include Morris-Garner v One Step Ltd on negotiating damages, Milner v Carnival on quantum of mental distress damages, Forsyth Grant v Allen on restitution for torts, to name but a few, as well as crucial Supreme Court decisions on penalty clauses (Cavendish v Makdessi) and injunctions (LauritzenCool, Araci v Fallon and Coventry v Lawrence). In addition to comprehensive updating to take account of new developments in the law, this book includes two new chapters. Unique to the fourth edition, the first explores damages under the Human Rights Act of 1998; the second examines negotiating damages. Remedies for Torts, Breach of Contract, and Equitable Wrongs by leading scholar Andrew Burrows is a popular work amongst students and practitioners due to its broad coverage, factual detail, insightful application of academic context and enduring subject matter.



Possible Consequences Of Awarding Non Compensatory Damages For Breach Of Contract On Commercial Law


Possible Consequences Of Awarding Non Compensatory Damages For Breach Of Contract On Commercial Law
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Author : Sebastian Röder
language : en
Publisher: GRIN Verlag
Release Date : 2014-10-23

Possible Consequences Of Awarding Non Compensatory Damages For Breach Of Contract On Commercial Law written by Sebastian Röder and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-23 with Law categories.


Master's Thesis from the year 2010 in the subject Law - Comparative Legal Systems, Comparative Law, grade: B+, University of Auckland, course: Remedies for breach of contract, language: English, abstract: In the now famous Blake case the majority in the House of Lords has granted a (restitutionary) remedy for a breach of contract which has been alien to the law of contract so far. Although it was held to be available only in exceptional circumstances the judgment prompted Lord Hobhouse to express the following warning in his dissenting opinion: "If some more extensive principle of awarding non compensatory damages for breach of contract is to be introduced into our commercial law, the consequences will be very far-reaching and disruptive." It is the goal of this essay to examine whether Lord Hobhouse’s fear of a silent reconceptualisation of the law of contract is justified. In order to fully understand the potential impact of the Blake case it is vital to bring oneself to mind what the law of contract was before the judgement in Blake was rendered. Accordingly the essay will start with an outline as to which remedies were and in fact still are available to a claimant under the pre-Blake law. After a summary of the Blake case itself, it will be described why a broad Blake remedy indeed might have a revolutionary effect on the conventional law of contract. However, – as history shows – not all revolutions are bad. Thus, even if Blake should have far-reaching and disruptive consequences on the law of contract it is by no means said that this is an undesirable result. It should be borne in mind that the law of contract is a default system that provides remedies for a breach of contract in case the parties did not – unconsciously or deliberately – stipulate their own remedies which they are free to do. Ideally this default system leads to just and economically reasonable results. By this measure a default system has to prove its value and practicability. Thus, if it turns out that a law of contract under which the Blake remedy is generally available is superior to the current law its implementation must not be declined only because of its revolutionary character. Part IV of this essay draws the necessary comparison between the two alternatives in terms of economic efficiency. In doing so special attention is given to what is called the “efficient breach theory”, which is often called upon to defend the current contractual rules. The essay will then conclude with a final assessment as to what the contract of law should be like in the author’s opinion.