Law of Remedies
Author | : Dan B. Dobbs |
Publisher | : |
Total Pages | : 1146 |
Release | : 1993 |
Genre | : Remedies (Law) |
ISBN | : |
Rev. ed. of : Handbook on the law of remedies. 1973.
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Author | : Dan B. Dobbs |
Publisher | : |
Total Pages | : 1146 |
Release | : 1993 |
Genre | : Remedies (Law) |
ISBN | : |
Rev. ed. of : Handbook on the law of remedies. 1973.
Author | : Candace S. Kovacic-Fleischer |
Publisher | : West Academic Publishing |
Total Pages | : 0 |
Release | : 2011 |
Genre | : Damages |
ISBN | : 9780314194930 |
Rev. ed. of: Cases and materials on equitable remedies, restitution, and damages / by Robert N. Leavell. ... [et al.]. 7th ed. c2005.
Author | : James Edelman |
Publisher | : Bloomsbury Publishing |
Total Pages | : 314 |
Release | : 2002-04-19 |
Genre | : Law |
ISBN | : 1847310478 |
On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally. This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits from the defendant's hands. Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards.
Author | : Peter Birks |
Publisher | : |
Total Pages | : 313 |
Release | : 2000 |
Genre | : Resulting trusts |
ISBN | : |
Author | : Dan B. Dobbs |
Publisher | : |
Total Pages | : 1038 |
Release | : 1993 |
Genre | : Remedies (Law) |
ISBN | : |
Author | : International Organization for Migration |
Publisher | : Hammersmith Press |
Total Pages | : 308 |
Release | : 2008 |
Genre | : Reparations for historical injustices |
ISBN | : 929068450X |
Author | : Andrew S. Burrows |
Publisher | : Oxford University Press |
Total Pages | : 789 |
Release | : 2011 |
Genre | : Law |
ISBN | : 0199296529 |
This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. The author's expert analysis and clarity of style will be invaluable to both students and practitioners with an interest in this area of law.
Author | : Doug Rendleman |
Publisher | : West Academic Publishing |
Total Pages | : 0 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9780314158611 |
Concisely covers this complex subject matter with an emphasis on the lawyer's process. Decisions were picked and edited to build on first-year courses in contracts, torts, civil procedure, property, and constitutional law. Text also develops the differing measures of contract and tort damages and the availability of punitive damages for torts.