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Author : Dan B. Dobbs
Publisher : Unknown
Page : 1146 pages
File Size : 48,7 Mb
Release : 1993
Category : Remedies (Law)
ISBN : STANFORD:36105134509335
Rev. ed. of : Handbook on the law of remedies. 1973.
Author : Jamie Cassels,Elizabeth Ammah Adjin-Tettey
Publisher : Essentials of Canadian Law
Page : 627 pages
File Size : 48,6 Mb
Release : 2014
Category : Law
ISBN : 1552213595
The law of judicial remedies, which includes the law of damages, ranges over the entire field of substantive private law, including the law of contract, tort, and property. In a pragmatic sense, an examination of the issue of remedies is crucial to civil litigators in that it provides critical insights into specific legal rules and arrangements. From a theoretical perspective, an understanding of the principles governing the choice of remedies and the methods of quantifying damages reveals much about the nature of the common law process. Remedies: The Law of Damagesis both a succinct handbook for the practitioner and a rich entry point to the study of judge-made law. Highlights in the third edition include recent developments regarding remedies for breach of contract with alternative modes of performance and wrongfully dismissed employees' entitlement to discretionary benefits. There have been substantial revisions to chapters dealing with damages for personal injury, restitutionary remedies, certainty and causation, remoteness of damages, mitigation, and reasonableness of liquidated damages clauses.
Author : Roger Halson,David Campbell
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 48,6 Mb
Release : 2024-07-01
Category : Law
ISBN : 9781786431271
p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} 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.
Author : Kent Roach
Publisher : Cambridge University Press
Page : 633 pages
File Size : 51,6 Mb
Release : 2021-04-08
Category : Law
ISBN : 9781108417877
Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Author : James M. Fischer
Publisher : Unknown
Page : 568 pages
File Size : 51,6 Mb
Release : 2021
Category : Damages
ISBN : 1531021891
"The fourth edition of Understanding Remedies is designed to provide a thorough overview of the remedies a civil plaintiff may obtain to secure appropriate redress for wrongs inflicted. The book has been substantially restructured so the information is presented in a manner that can be easily grasped and understood. The text has been augmented with numerous headings, subheadings, and bullet points to enable the reader to quickly see the critical issues raised under the Law of Remedies; however this has been done while preserving the extensive content of the information provided by the book. The book has also been augmented with more examples to help convey understanding of the legal points made. As with prior editions of Understanding Remedies, the book materials are organized around two themes. Chapters one through seven examine general remedial considerations, such as damages, restitution, and defenses as standalone concepts. The goal here is to give the reader a firm foundational understanding of the concept itself. Chapters eight through twenty-four examine the general remedial consideration in specific contexts, for example, what remedies are available when a person sustains bodily injury caused by another's legal wrong. In this setting the available remedies are identified and discussed. Also addressed are the tactical strategic issues that would influence the desirability and availability of specific remedies, for example, an injunction to abate a nuisance or restitution to redress a trespass. The materials are comprehensive and respect the nuance and subtlety of the subject. Understanding Remedies presents the richness of the topic to students who wish to gain both a fundamental appreciation of the subject and an insight into the myriad ways remedies influence the shape and dimension of modern American law"--
Author : Jeffrey Bruce Berryman,Rick Bigwood
Publisher : Unknown
Page : 784 pages
File Size : 44,6 Mb
Release : 2010
Category : Law
ISBN : 1552211843
This volume of essays is the end product of the Second International Symposium on the Law of Remedies, a joint undertaking of the Faculties of Law at the Universities of Windsor, Canada, and Auckland (Research Centre for Business Law), New Zealand. The symposium brought together scholars drawn from four continents, representing the major Commonwealth common law jurisdictions, as well as the United States and Ireland. Collectively, the essays illustrate the breadth and depth of attention that is now accorded to the study of remedies throughout the common law world. The collection also demonstrates the value of fruitful exchanges across common law jurisdictions that have much to gain from learning of one another's experiences, thereby enriching the body of knowledge for a system that is inherently built upon discrete and incremental case law.
Author : Roger ter Haar
Publisher : Taylor & Francis
Page : 588 pages
File Size : 55,9 Mb
Release : 2017-06-14
Category : Law
ISBN : 9781317194941
Remedies in Construction Law brings together various well-established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects. Now in a fully updated second edition, it covers topics such as: Damages Termination Quantum Meruit Recovery Injunctions Limitation ADR This book continues to be a vital reference to lawyers and construction professionals seeking specialist insight into how remedies function in the construction sector.
Author : Jeffrey Bruce Berryman
Publisher : Essentials of Canadian Law
Page : 596 pages
File Size : 51,9 Mb
Release : 2013
Category : Law
ISBN : 1552213307
This new edition traces the development in the Canadian law of equitable remedies, greatly influenced by decisions of the Supreme Court of Canada which, since the first edition, has ruled on the availability of Anton Piller orders, specific performance, equitable compensation, and rectification. Beyond these substantive equitable remedies the Supreme Court has also opined on a number of occasions about the nature of modern equity in Canada; in effect, breathing life into equity's distinctive methodology. New areas covered in this edition include the maxims of equity; the appropriate default test for interlocutory injunctions including new discussion on when it is appropriate to allow a view of the merits of the substantive dispute to determine the interlocutory proceedings; the general principles of specific performance, including a critique of the current law on enforcement of keep-open clauses; the contemporary impact of the Supreme Court of Canada's rulings on the availability of specific performance, particularly for those who invest in l∧ a discussion of equitable damages and equitable compensation which includes new commentary on when damages are assessed that go beyond compensation and toward disgorgement; and new material on rectification, including a section on rectification and taxation cases.
Author : Dan B. Dobbs,Caprice L. Roberts
Publisher : Unknown
Page : 0 pages
File Size : 50,5 Mb
Release : 2018
Category : Remedies (Law)
ISBN : 031426759X
"This definitive treatise explains available remedies across a wide range of public and private causes of action--from torts to intellectual property, contracts to fiduciary breaches, and civil rights to nuisance. Topics include compensatory damages for tangible and intangible harms, punitive damages, unjust enrichment and restitution, equitable remedies, and much more. This single-volume text unpacks major developments of the last twenty-five years for the law of remedies in the United States with citations to hundreds of cases, articles, and statutes. It incorporates key advancements from the Restatement (Third) of Restitution and Unjust Enrichment, the Restatement (Third) of Torts, and significant updates in the law of injunctions, punitive damages, and beyond."--Publisher website
Author : Solène Rowan
Publisher : Oxford University Press on Demand
Page : 292 pages
File Size : 50,6 Mb
Release : 2012-01-26
Category : Law
ISBN : 9780199606603
Presenting a comprehensive and timely examination of remedies for breach of contract, this text analyses and challenges fundamental features of English contract law.
Author : Yair Listokin
Publisher : Harvard University Press
Page : 281 pages
File Size : 53,9 Mb
Release : 2019-03-11
Category : Law
ISBN : 9780674976054
After 2008, private-sector spending took a decade to recover. Yair Listokin thinks we can respond more quickly to the next meltdown by reviving and refashioning a policy approach, used in the New Deal, to harness law’s ability to function as a macroeconomic tool, stimulating or relieving demand as required under certain crisis conditions.
Author : Michael Pratt,Elizabeth Adjin-Tettey,Kent Roach,S. M. Waddams
Publisher : Unknown
Page : 1228 pages
File Size : 51,8 Mb
Release : 2020
Category : Damages
ISBN : 177255698X
"The text is a collection of up-to-date materials covering all areas of remedies law in Canada, including damages, injunctions, specific performance, and equitable relief."--
Author : Valentina Volpe,Anne Peters,Stefano Battini
Publisher : Springer Nature
Page : 427 pages
File Size : 55,9 Mb
Release : 2021-04-08
Category : Law
ISBN : 9783662623046
The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Author : Clive Lewis
Publisher : Unknown
Page : 617 pages
File Size : 41,8 Mb
Release : 2000
Category : Judicial process
ISBN : 0421600705
Provides coverage of the situations in which judicial review is available, the range of measures that can be challenged, the ambit of remedies in public law cases and the machinery for making an application
Author : Dan B. Dobbs
Publisher : Unknown
Page : 1038 pages
File Size : 46,7 Mb
Release : 1993
Category : Remedies (Law)
ISBN : IND:30000038996447
