Remedies

Remedies
Author: David M. Wright
Publisher:
Total Pages: 340
Release: 2010
Genre: Remedies (Law)
ISBN:

Remedies are incredibly important. Remedies are what clients want and understanding the law of remedies is crucial to both the study and the successful practice of law. Yet, too often scholarly discussion on remedies focuses on what the law should be rather than what it is. In other more general texts, remedies appear as afterthoughts to discussions about breach - whether of tort, contract or equitable obligation.Vitally important too is an understanding of the significant overlap between remedies. Facts of the case can now be addressed from many different angles - for example, facts giving rise to a breach of contract may also give rise to actions in unjust enrichment and breach of the Trade Practices Act. Failure to appreciate different remedial consequences can cost clients hugely.This work briefly sets out what the law of remedies in Australia actually is. By focusing on the Australian law, written in simple to understand language, accessible to all lawyers and law students, the book delivers what both students and practitioners want and what their clients need.

Choice of Law in Copyright and Related Rights

Choice of Law in Copyright and Related Rights
Author: Mireille M. M. van Eechoud
Publisher: Kluwer Law International B.V.
Total Pages: 306
Release: 2003-01-01
Genre: Law
ISBN: 9041120718

Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.

The Law and Ethics of Restitution

The Law and Ethics of Restitution
Author: Ḥanokh Dagan
Publisher: Cambridge University Press
Total Pages: 402
Release: 2004-08-12
Genre: Business & Economics
ISBN: 9780521829045

This 2004 book provides acomprehensive account of the American law of restitution.

Contract Law Minimalism

Contract Law Minimalism
Author: Jonathan Morgan
Publisher: Cambridge University Press
Total Pages: 314
Release: 2013-11-07
Genre: Law
ISBN: 110747020X

Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Natural Resource Damages

Natural Resource Damages
Author: Preston, Thorgrimson, Shidler, Gates & Ellis
Publisher:
Total Pages: 260
Release: 1993
Genre: Law
ISBN:

This manual outlines the legal and regulatory framework surrounding natural resource damages claims. It provides comprehensive chapters on the common law origins of natural resource damage claims, statutory natural resource damage claims under federal law, CERCLA damage assessment regulations, and economic methodologies for valuing natural resource damages.

The Death of the Irreparable Injury Rule

The Death of the Irreparable Injury Rule
Author: Douglas Laycock
Publisher: Oxford University Press, USA
Total Pages: 375
Release: 1991
Genre: Equitable remedies
ISBN: 0195063562

The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.