Wrongs and Remedies in the Twenty-first Century

Etukansi
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 lawyers 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 an ever present consideration for the plaintiff and his or her lawyer. This new book, containing contributions from many of the UKs 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 principle 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 and replacement by a vastly expanded system of private insurance.
 

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Sisältö

Thinking
1
The Duty of Care
47
The Search for a Theory
67
Liability for a Fair Share
91
The Fiduciary Relationship and its Application to Doctors
111
Professionals as Competing Monopolists
141
Reforming Exemplary Damages
153
Punitive Damages
175
Restitutionary Damages
203
Exceptional Measures of Damages in Contract
217
Rethinking Penalty Clauses
249
Controlling the Power to Agree Damages
271
A Search for Principles
301
Index
327
Tekijänoikeudet

Yleiset termit ja lausekkeet

Tietoja kirjailijasta (1996)

Peter Birks is a Regius Professor of Civil Law, University of Oxford and Fellow at All Souls College, Oxford.

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