In August 2006 the third Australian Obligations Conference was hosted in Brisbane by the TC Beirne School of Law. The theme of the Conference was "Justifying Private Law Remedies". This book contains a number of the papers delivered at that Conference, presented under several categories but all dealing with the fundamental issue of justification: General Concepts; Performance; Compensation; Punishment; and Restitution and Disgorgement. The authors are largely drawn from the legal academy, and include Canadian, Australian, British and New Zealand scholars. The collection will be of interest to all those concerned with the role, nature and place of remedies in the private law of the common law world.
Rezensionen / Stimmen
...this volume has much to offer private law scholars from all jurisdictions. Gillian Black Edinburgh Law Review Vol 13, 2009 The contributors were chosen for their expertise, the topics include issues of current controversy, and the execution is flawless. Considered individually or as a whole, the papers that comprise the collection constitute a significant contribution to the existing literature. Mitchell McLnnes The Journal of Business Law Issue 4 2009
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Maße
Höhe: 240 mm
Breite: 161 mm
Dicke: 27 mm
Gewicht
ISBN-13
978-1-84113-814-5 (9781841138145)
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
Charles EF Rickett, MA, LLB, BD is the Sir Gerard Brennan Professor of Law at the TC Beirne School of Law, The University of Queensland.
Part I General Concepts
1. Two Conceptions of Remedies
ERNEST J WEINRIB
2. Rights, Remedies, Wrongs and the Bribe-taking Fiduciary
STRUAN SCOTT
3. 'Discretion and Remedies'
THE HON P DE JERSEY AC, CHIEF JUSTICE
4. The Role of Policy in the Law of Obligations
THE HON JUSTICE SUSAN KIEFEL
Part II Performance
5. Substitutionary Damages
STEPHEN A SMITH
6. The Inadequacy of Damages as a Remedy for Breach of Contract
RALPH M CUNNINGTON
Part III Compensation
7. A Good Faith Perspective on Liquidated Damages
JW CARTER AND ELISABETH PEDEN
8. Economic Loss and the Duty of Care: a Study in the Exercise of Legal Justification
KIT BARKER
9. Compensation for Breach of Trust-The Remoteness Impasse
DARRYN JENSEN
Part IV Punishment
10. In Defence of Exemplary Damages
JAMES EDELMAN
11. Justice and Punishment in Tort: A Comparative Theoretical Analysis
ALLAN BEEVER
Part V Restitution and Disgorgement
12. Restitutionary Remedies for Wrongs: Causation and Remoteness
GRAHAM VIRGO
13. Subtractive and Wrongful Enrichment: Identifying Gain in the Law of Restitution
DUNCAN SHEEHAN
14. Equitable Relief from Forfeiture: Performance or Restitution?
MICHAEL BRYAN
