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Research Handbook on Remedies in Private Law2822
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The purpose and doctrinal structure of private law remedies has undergone fundamental questioning over the last 25 years. 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. Leading contributors from across the globe thoroughly analyse the steps taken to improve the clarity and functioning of the law and examine additions to the law's difficulties. Providing a uniquely in-depth engagement with the doctrine and theory of the topic, this Research Handbook will be of great interest to academics and students working and studying contract, equity, restitution or tort law, as well as practising lawyers in the field.
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'An excellent resource both for accomplished experts and those who seek an introduction to the field of private law remedies. The book covers many important issues, including the relationship between rights and remedies, the purposes of various remedies, contractual remedies in comparative perspective, and specific issues relevant to remedies law in practice.' --Normann Witzleb, Monash University, Australia
Edited by Roger Halson, School of Law, University of Leeds, and David Campbell, Lancaster University Law School, UK
Contents: Preface: Stewart Macaulay, University of Wisconsin Introduction: David Campbell, Lancaster and Roger Halson, Leeds A. General issues 1. Is remedies a subject? Steve Hedley 2. The modern history of remedies for breach of contract Stephen Waddams 3. The modern history of remedies in tort Paul Mitchell 4. Personal injury compensation and civil justice paradigms Annette Morris 5. Remedies and reality in the law of contract Catherine Mitchell B. The protected interests 6. The limitations on 'reliance' damages for breach of contract David McLauchlan 7. Restitution Peter Jaffey 8. The performance interest David Winterton 9. Remedies for breach of trust Duncan Sheehan C. Specific issues 10. Termination of contract for fundamental breach Qiao Liu 11. Literal enforcement of obligations Andrew Tettenborn 12. Damages for non-pecuniary loss Roger Halson 13. Remedies for common mistake and frustration Catharine Macmillan 14. Market damages and their relationship to the general principles of remedies for breach of contract David Campbell 15. Consumer law and the Consumer Rights Act 2015 James Devenney 16. Injunctions through the lens of nuisance Robert Palmer and Ben Pontin 17. Gain-based damages Katy Barnett D. Insights from other jurisdictions 18. Remedies for breach of contract in Scots law Laura MacGregor 19. Australian perspectives on contract damages Sirko Harder 20. Canadian perspectives on contract remedies Jeff Berryman 21. New Zealand perspectives on contract remedies Rick Bigwood 22. Remedies in International Instruments Ewan McKendrick and Xiang Ren 23. Those magnificent men in their unifying machines: exploring the wreckage of the unification initiative in European private law Mel Kenny E. Theoretical perspectives 24. Tort law and the tort system: from vindictiveness to vindication Allan Beever 25. The structure of remedial law Steve Smith 26. Contract damages as default rules Jonathan Morgan 27. A relational perspective on contract law's default rules, with an emphasis on remedies William Whitford Index