Remedies in Contract and Tort

Etukansi
Cambridge University Press, 2002 - 688 sivua
Remedies is the subject of increasing academic interest. It is one of the key organising concepts of the obligations approach to the common law, the pre-eminent approach in law schools, now officially sanctioned by the Law Society. This second edition modernizes the first edition quite considerably. This work determines the place of remedies in contract and tort within the current debate about the reform of the common law obligation.
 

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Sisältö

Table of statutes
xxi
the function and structure of remedies
3
the concept of efficient breach
11
Exceptions to the general preference for compensatory damages
21
Forebearance alternative dispute resolution
27
Alternative dispute resolution ADR
38
Complaints and threats to reputation
44
Termination for failure to perform
51
Would restitution correct the wrong?
268
Animals Act 1971 2 Statutes 281
281
The proper limits of restitution following nonperformance of
282
Objectives of the law D Harris
289
Causation mitigation and contributory
296
Mitigation
307
The legal rules on remoteness of damage
313
Torts involving deliberate wrongdoing
330

Administration of Justice Act 1985
57
Forfeiture of advance payments or of rights over property or arising
58
Consumer protection D Harris
65
s
69
The protected contractual interests R Halson
73
Contracts Rights of Third Parties
80
Evaluation of loss in terms of the market
82
Remoteness R Halson
88
Copyright Act 1956 11 Statutes 326
93
The detailed legal rules on remoteness
94
Interest and special damages for late payment
107
The importance of competitive supply
114
Scope of the rules of mitigation
120
Expenditure incurred by C in reliance on the contract but not towards
128
Unfair Terms in Consumer Contracts Regulations 1999
137
Appraisal
146
Introduction D Campbell
153
Debt and mitigation
160
Specific performance D Campbell
166
Equitable factors relevant to the exercise of the courts discretion
178
Defamation Act 195224 Statutes 108
186
Practical factors relevant to the exercise of the courts discretion
187
Specific performance on terms
193
Distinguishing between negative and positive undertakings
200
Fair Trading Act 1973 47 Statutes
201
Damages assessed as the cost to complete by a third party
210
Appraisal of literal enforcement D Campbell
217
Existing forms of restitution D Campbell
231
Services rendered by C to D
235
Rescission for common mistake and frustration
241
The expansion of restitution D Campbell
255
The restitutionary disgorgement of the gains from breach
262
Retaking of chattels
336
Loss of earnings
342
Arbitration Act 1996 2 Statutes
343
Expenses arising from Cs disability
363
The calculation of damages
369
deductions from damages
382
Interest
389
Claims under the Fatal Accidents Act 1976
393
the multiplicand
399
Introduction
405
Compensation outside the damages system
412
Compensation for personal injury by accident
427
a new direction
453
Injunction
473
The legal criteria for the choice between injunction and damages
478
Damages in lieu of an injunction
488
Interference and the problem of social cost
496
Obstacles to negotiated solutions and the courts response
510
Protecting the right to occupy or use land D Harris
520
Protecting the right to use chattels D Harris
530
Misappropriation
541
Unauthorised use
547
Misrepresentation
553
The economic torts
563
An Australian remedy
572
Concurrent liability in contract and tort D Harris
575
Contract
594
Concurrent liability and bad faith breach
604
Interim mandatory injunctions
612
Death
618
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Tietoja kirjailijasta (2002)

As a child in New York, author Joseph Campbell (1904-1987) became interested in Native Americans and mythology through books about American Indians and visits to the American Museum of Natural History. He wrote more than 40 books including The Hero with a Thousand Faces (1949), The Mythic Image (1974), and The Power of Myth (1988) with Bill Moyers, and is now considered one of the foremost interpreters of sacred tradition in modern time. Campbell earned his B.A. and M.A. degrees at Columbia University in 1925 and 1927, but quit the doctoral program when he was told that mythology was not an acceptable subject for his thesis. He subsequently studied medieval French and Sanskrit in Paris and Germany, taught at the Canterbury School, and in 1934, joined the literature department at Sarah Lawrence College. During the 1940s and 1950s he collaborated with Swami Nikhilananda on translations of the Upanishads and The Gospel of Sri Ramakrishna.

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