Justifying private law remedies edited by Charles E.F. Rickett.

Format:

Book

Conference/Event

Author/Creator:

Conference on the Law of Obligations, Corporate Author.

Contributor:

Rickett, C. E. F., editor.

Conference Name:

Conference on the Law of Obligations (3rd : 2006 : TC Beirne School of Law)

Biennial Conference on the Law of Obligations.

Language:

English

Subjects (All):

Remedies (Law)--Congresses.

Remedies (Law).

Physical Description:

1 online resource (422 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2008.

Language Note:

English

Summary:

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

Contents:

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

Notes:

Selected papers delivered at the third Australian Obligations Conference, hosted in Brisbane by the TC Beirne School of LawSelected conference papers

Includes bibliographical references and index

ISBN:

9786611948405

9781472560292

1472560299

9781281948403

1281948403

9781847314352

184731435X

OCLC:

437240924