This insightful book outlines the remedies for private law wrongs such as breach of contract, breach of fiduciary duty, breach of trust and torts. With a focus on English law, it provides an accessible, up-to-date and commercially centred overview of this complex field.
Katy Barnett and Sirko Harder discuss remedies at common law, in equity and under statute. The remedies are primarily organised according to their function: first, compensation for loss, then coercive, vindicatory, restitutionary and gain-based remedies and finally, proprietary remedies. Private Law Remedies examines the general principles in remedies law and highlights the commonalities and differences among the various private law wrongs. While the focus is on English law, some developments in other common law countries are also mentioned.
Students and scholars of private and commercial law will greatly benefit from this clear and accessible book. It is also a vital resource for overseas lawyers who are seeking to understand private law remedies in English law, as well as policymakers, judges and commercial litigators.
Rezensionen / Stimmen
'This book is one of the few to consider the important area of private law remedies as a coherent whole. Within its covers, the details of the law are expounded and there is a wealth of useful insights and references that will assist students, academics, practitioners and judges alike.' -- Lord Burrows, Justice of the UK Supreme Court 'Professors Katy Barnett and Sirko Harder's latest manuscript, Private Law Remedies, provides a comprehensive yet accessible resource for jurists, legislators, private litigators, professors, and students. Importantly, the manuscript analyzes private law doctrines as a whole and comparatively to aid greater comprehension of the function and goals for each remedy. They diligently examine a wide array of cases to explore private remedies at common law, in equity, and per statutes. The authors meticulously explore unifying principles and identify commonalities and significant differences among private law wrongs. Their project is ambitious, functional, and successful. They candidly interrogate leading scholarly theories and carefully examine key cases. From their insights, readers can peruse a host of remedies for private law wrongs such as contracts, fiduciary duty, torts, and more.' -- Caprice Roberts, Louisiana State University Law Center, USA
Reihe
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 234 mm
Breite: 156 mm
ISBN-13
978-1-0353-1601-4 (9781035316014)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Katy Barnett, Professor of Law, University of Melbourne, Australia and Sirko Harder, Reader in Law, University of Sussex, UK
Contents
Preface
1 Introduction to Private Law Remedies
2 Assessment of compensation: general principles
3 Attribution of responsibility: general principles
4 Compensation in contract
5 Compensation in tort
6 Compensation in equity
7 Coercive remedies
8 Vindicatory remedies
9 Disgorgement of gain
10 Restitution and giving back
11 Proprietary remedies
Index
