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Author : Great Britain. Law Commission
Publisher : Unknown
Page : 180 pages
File Size : 51,8 Mb
Release : 1993
Category : Damages
ISBN : 0117302163
Aggravated, Exemplary and Restitutionary Damages
Author : Ireland. Law Reform Commission
Publisher : Unknown
Page : 152 pages
File Size : 48,9 Mb
Release : 1998
Category : Damages
ISBN : UIUC:30112041152676
Author : Simon F. Deakin,Angus Johnston,Basil Markesinis
Publisher : Oxford University Press
Page : 1002 pages
File Size : 42,7 Mb
Release : 2012-10-18
Category : Law
ISBN : 9780199591985
Fully updated to cover developments including the Protection from Harassment Act 1997, the Human Rights Act, Regina vs. Ireland, and Regina vs. Burstow, this book provides comprehensive commentary on tort law. The authors provide a variety of comparative and economic perspectives upon the area.
Author : James Goudkamp,Eleni Katsampouka
Publisher : Bloomsbury Publishing
Page : 409 pages
File Size : 50,8 Mb
Release : 2023-12-28
Category : Law
ISBN : 9781509967025
Punitive damages are private law's most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally. The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy's availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.
Author : Simon Deakin,Basil Markesinis
Publisher : Oxford University Press, USA
Page : 1011 pages
File Size : 52,7 Mb
Release : 2019-09-02
Category : Law
ISBN : 9780198747963
Now in its eighth edition Markesinis and Deakin's Tort Law provides a general overview of the law and full discussion of the academic debates on all major topics, highlighting the relationship between the common law, legislation, and judicial policy. In addition, the authors provide a variety of comparative and economic perspectives on the law of tort and its likely development, always placing the subject in its socio-economic context thereby giving students a deeper and richer understanding of tort law. This detailed and authoritative book offers teachers a wide range of topics to cover, while providing students with a text which is both descriptive and reflective of this branch of law.
Author : James Edelman
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 43,5 Mb
Release : 2002-04-19
Category : Law
ISBN : 9781847310477
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 : Great Britain: Law Commission
Publisher : The Stationery Office
Page : 84 pages
File Size : 42,8 Mb
Release : 2010-06-29
Category : Law
ISBN : 0102965722
During the year the Commission published five reports, making recommendation in areas as diverse as criminal conspiracy, consumer insurance and trust law and launched 11 consultations. The Commission was pleased to see the implementation of their recommendations in their reports on Reforming bribery as contained in the Bribery Act; Capital & income in trusts: classification & apportionment; and Murder, manslaughter and infanticide. However the Commission was disappointed with the then Government response to the report on Damages as contained in the draft Civil Law Reform Bill and the decision not to proceed with their work on Limitation. Also for the first time this year the Commission staged an exhibition in the Houses of Parliament to raise their profile.
Author : Andrew Burrows
Publisher : Bloomsbury Publishing
Page : 248 pages
File Size : 53,6 Mb
Release : 2000-11-15
Category : Law
ISBN : 9781847316752
NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an [author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ... together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law Review
Author : Peter Jaffey
Publisher : Bloomsbury Publishing
Page : 480 pages
File Size : 48,6 Mb
Release : 2000-09-16
Category : Law
ISBN : 9781847311467
Joint Winner of the 2001 SPTL Prize for Outstanding Legal Scholarship! In recent years there has been enormous interest in the law of restitution,with many new books and academic articles and a number of important decisions in the courts. However, there remains great controversy and some confusion, partly for historical reasons and partly as a result of continuing differences over the principles underlying the field. There are particular difficulties over the relation of the law of restitution to other areas of law, including contract and property law. In this new and innovative work the author advances a view of the framework of fundamental principles underlying the law of restitution which offers a means of understanding the tangle of conflicting authorities, and then proceeds to examine the case law in light of it. As part of his analysis, the author suggests new approaches to understanding the areas of overlap between restitution, contract, trusts and property law.
Author : Bryan M E McMahon,William Binchy
Publisher : Bloomsbury Publishing
Page : 2668 pages
File Size : 53,8 Mb
Release : 2015-04-23
Category : Law
ISBN : 9781780438849
This is the eagerly awaited new edition of Law of Torts, the complete Irish tort law reference book. For this, the contents have been extensively revised since the last edition was published in 2000. Key developments are detailed and relevant recent case law is examined. This book is essential for both legal practitioners and people studying Irish law. Recent important legislation examined in the book includes: Criminal Law (Defence and the Dwelling) Act 2011, Civil Law (Miscellaneous Provisions) Act 2011, Defamation Act 2009, Consumer Protection Act 2007, Civil Liability and Courts Act 2004 and Personal Injuries Assessment Board Act 2003. Key developments and case law are examined in areas such as pure economic loss, limitations and purchase of financial products, vicarious liability for sexual assaults, damages, privacy, defamation, psychiatric injury, liability of public authorities, employers' liability, professional negligence, defective buildings and products and occupiers' liability. First published in 1980, Law of Torts has long been a cornerstone work in Irish law, indeed in the foreword to the first edition Judge Brian Walshe noted that the book represented a challenge to the 'unquestioned assumption that English text-books would satisfy all needs.' This new addition will only add to the book's long-established merit and value.
Author : Linda Pearson,Carol Harlow,Michael Taggart
Publisher : Bloomsbury Publishing
Page : 420 pages
File Size : 42,5 Mb
Release : 2008-11-24
Category : Law
ISBN : 9781847314697
This book of essays celebrates Mark Aronson's contribution to administrative law. As joint author of the leading Australian text on judicial review of administrative action, Aronson's work is well-known to public lawyers throughout the common law world and this is reflected in the list of contributors from the US, Canada, Australia, New Zealand and the UK. The introduction comes from Justice Michael Kirby of the High Court of Australia. The essays reflect Aronson's interests in judicial review, non-judicial grievance mechanisms, problems of proof and evidence, and the boundaries of public and private law. Amongst the contributors, Peter Cane, Elizabeth Fisher, and Linda Pearson write on administrative adjudication and decision-making, Anita Stuhmcke writes on Ombudsmen, and Robin Creyke and John McMillan, the Commonwealth Ombudsman, write on charters, codes and 'soft law'. There are evaluations of the profound influence of human rights law on judicial review from the UK by Sir Jack Beatson and Thomas Poole and from Canada by David Mullan. Matthew Groves and Chief Justice James Spigelman address developing themes in judicial review, while Carol Harlow, Richard Rawlings, Michael Taggart and Janet McLean follow Aronson's interests into the private side of public law. An American perspective is added by Alfred Aman and Jack Beermann.
Author : Peter Birks
Publisher : Oxford University Press
Page : 362 pages
File Size : 42,6 Mb
Release : 1996
Category : Law
ISBN : 0198262922
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 lawyer's 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 ever-present consideration for the plaintiff and his or her lawyer. This new book, containing contributions from many of the UK's 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 principal 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. Not for the first time, Professor Atiyah thinks the unthinkable.
Author : Jill Poole
Publisher : Oxford University Press
Page : 845 pages
File Size : 40,5 Mb
Release : 2016
Category : Contracts
ISBN : 9780198732815
'Casebook on Contract Law' provides students with a comprehensive selection of the cases most likely to be encountered on contract law courses and is specifically designed to meet their needs.
Author : Anonim
Publisher : Oxford University Press
Page : 867 pages
File Size : 54,9 Mb
Release : 2023-05-31
Category : Electronic
ISBN : 9780192885081
All the cases you need, together with the tools to understand them. This contract casebook presents all the leading cases, supplemented by succinct author commentary and thought-provoking questions to deepen understanding. Poole's Casebook on Contract Law takes a uniquely supportive approach to give students the confidence to engage with and analyse judgments. Digital formats andresources: The sixteenth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access alongwith functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks A selection of online resources accompanies this text, including: - Exercises and guidance on reading cases
Author : Angelica Bonfanti
Publisher : Routledge
Page : 264 pages
File Size : 43,5 Mb
Release : 2018-09-06
Category : Law
ISBN : 9780429811258
Transnational business activities are important drivers of growth for developing and the least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries operate. Since the parent companies of many MNEs are incorporated under the law of European states, those countries’ domestic law and the European legal framework play a crucial role in establishing how their activities should be conducted – also throughout their supply chains – and which remedies will be available when corporate human rights violations occur. In recent years, the European Union, the Council of Europe and their Member States have been adopting policies and legislation to ensure respect for human rights by businesses and have developed a body of related case law. These legal instruments can be considered the European responses to the challenges posed at international-law level, and they constitute the focus of research of this book. Through its collected chapters – written by scholars and practitioners under the direction of the editor, Angelica Bonfanti – the book identifies the European solutions to the business and human rights international legal issues, provides an overall assessment of their effectiveness, and examines their potential evolution.