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Justifying private law remedies /
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 bu...
| Clasificación: | Libro Electrónico |
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| Autor Corporativo: | |
| Otros Autores: | |
| Formato: | Electrónico Congresos, conferencias eBook |
| Idioma: | Inglés |
| Publicado: |
Oxford ; Portland, Or. :
Hart Pub.,
2008.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Prelims; Contents; List of Contributors; Table of Cases; Table of Legislation; Part I General Concepts; 1 Two Conceptions of Remedies; I The Two Conceptions; II The Reason Conception of Remedies; III The Condition Conception of Remedies; IV Monism and Dualism; V Conclusion; 2 Rights, Remedies, Wrongs and the Bribe-taking Fiduciary; I Introduction; II Replicative and Transformative Remedies, Wrongs and Not-Wrongs; III Reid and Replicative Remedies; IV Remedial Certainty, Wrongs and Not-Wrongs; V Conclusion; 3 'Discretion and Remedies'; 4 The Role of Policy in the Law of Obligations.
- Part II Performance5 Substitutionary Damages; I The Orthodox View: Cost of Cure as Equivalent to Value of Loss; II Cost of Cure as Substitutionary Damages; III Conclusion; 6 The Inadequacy of Damages as a Remedy for Breach of Contract; I Introduction; II When are Damages Inadequate?; III Why Damages are Inadequate; IV The Significance of the Inadequacy of Damages; V Adressing the Problem of Inadequacy; VI Conclusion; Part III Compensation; 7 A Good Faith Perspective on Liquidated Damages; I Inroduction; II Good Faith and the Dunlop Principles.
- III Good Faith and Limitations on the Out of All Proportion TestIV Some Practical Considerations and Implications; V Conclusion; 8 Economic Loss and the Duty of Care: a Study in the Exercise of Legal Justification; I Introduction; II Reasons, Identifying Relevant Justifications; III Concepts, Integrating Justifications into Legal Reasoning, Problems and Ideals; IV Conclusions and Reflections; 9 Compensation for Breach of Trust-The Remoteness Impasse; I Background; II Law as an Exercise in Justifuing Decisions ; III Corrective Justice and Trustees'' Duties; IV Conclusion; Part IV Punishment.
- 10 In Defence of Exemplary DamagesI Introduction; II The Moral Gap that Would Arise if Private Law Were Without Deterrence; III Deterrence is Too Entrenched in Private Law to be Uprooted Without Compelling Reason; IV Flaws in the Theories that Reject Exemplary Damages; V Conclusion; 11 Justice and Punishment in Tort: A Comparative Theoretical Analysis; I Introduction; II Three Preliminary Points; III The Civilian Model; IV The Common Law Model; V The Models and the Common Law of Tort; VI The Deterioration of the Civilian Model in the Civilian Law; VII Conclusion.
- Part V Restitution and Disgorgement12 Restitutionary Remedies for Wrongs: Causation and Remoteness; I The Principles of Causation; II Application of the Principles of Causation to Different Types of Restitutionary Remedy; III Application of the Principles of Causation to Different Types of Wrong ; IV Conclusions; 13 Subtractive and Wrongful Enrichment: Identifying Gain in the Law of Restitution; I Restitution of Unjust Enrichment; II Gain-Based Damages for Wrongs; III Conclusion; 14 Equitable Relief from Forfeiture: Performance or Restitution?; I Introduction.