The Law of Remedies

New Directions in the Common Law
Herausgeber: Berryman, Jeffrey; Bigwood, Rick

• Gebundenes Buch

Produktbeschreibung

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.

Produktdetails

• Verlag: University of Toronto Press
• Seitenzahl: 780
• Erscheinungstermin: 30. Juli 2010
• Englisch
• Abmessung: 231mm x 155mm x 46mm
• Gewicht: 1220g
• ISBN-13: 9781552211847
• ISBN-10: 1552211843
• Artikelnr.: 30931085

Inhaltsangabe

Chapter 1: Remedies for Bad Behaviour in Canadian Contract Law
Robert Sharpe
Chapter 2: Reliance Damages for Breach of Contract
David McLauchlan 
Chapter 3: Fuller and Perdue’s Limitations: Opportunities, Performance, and
Quantification
Maree Chetwin
Chapter 4: Damages for Breach of Contracts with Alternative Performances
Michael G. Pratt
Chapter 5: Coherence, Non-Pecuniary Loss, and the Construction of Privacy
Michael Tilbury
Chapter 6: Beyond Dignity?
Grant Hammond
Chapter 7: Redressing Dignitary Injuries and Non-economic Loss in Novel
Torts: Challenges for the Law of Remedies
Penelope Watson
Chapter 8: Holism and Harmony in the Law of Remedies
Ken Cooper-Stephenson
Chapter 9: Remedies: The Key to the Common Law System?
Steve Hedley
Chapter 10: Beyond Compensation: Apology as a Private Law Remedy
Robyn Carroll
Chapter 11: Remedies for Breaches of "Public" Obligations: The Equality
Principle Meets the Welfare State and the New Constitutionalism
Geoff McLay
Chapter 12: Addressing the Remedial Interests of Patients after an Adverse
Event in Healthcare: The New Zealand Response
Joanna Manning
Chapter 13: The Crown and Remedies
David Wright
Chapter 14: Remedies and Accountability for Unlawful Judicial Action in New
Zealand: Could the Law be Tidier?
Bruce V. Harris
Chapter 15: A Plea to Reject the United States Supreme Court’s Due-Process
Review of Punitive Damages
Doug Rendleman
Chapter 16: Remedies for Breach of Fiduciary Duty in Joint Ventures
Jessica Palmer
Chapter 17: Mareva Orders in Globalized Litigation
David Capper
Chapter 18: Exporting Your Remedy: A Canadian Perspective on the
Recognition and Enforcement of Monetary and Other Relief
H. Scott Fairley
Chapter 19: Damages in Transnational Tort Litigation: Legislative
Restrictions and the Substance/Procedure Distinction in Australian Conflict
of Laws
Gary Davis
Chapter 20: The Globalization of Defamation
Russell L. Weaver & David F. Partlett
Chapter 21: The Class Action as Sheriff: Private Law Enforcement and
Remedial Roulette
Peta Spender
Chapter 22: Class Actions (Representative Proceedings) and the Exercise of
the Cy-Pres Doctrine: Time for Improved Scrutiny
Jeff Berryman