Justifying Private Law Remedies

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