Punishment and private law.

Format:

Book

Series:

Hart Studies in Private Law

Language:

English

Physical Description:

1 online resource (469 pages)

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2021

Place of Publication:

London [England] : HART PUBLISHING, 2021.

Summary:

"Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking."-- Provided by publisher.

Contents:

Punishment and private law / Wayne Courtney and James Goudkamp

Punishment in private law - no such thing (any more) / Kit Barker

Punishment and private law : some comparative observations / Solène Rowan

Privacy, punishment and private law / Andrew Roberts and Megan Richardson

Punishments and penalties in private law, with particular reference to the law governing fiduciaries / James Penner

The ultimate sanction : the purpose and role of contempt in private law litigation / David Rolph

Punitive damages transformed into societal damages / Catherine M Sharkey

Punitive damages : ten misconceptions / James Goudkamp and Eleni Katsampouka

Exemplary damages in contract law / Katy Barnett

Effecting deterrence through proportionate punishment : an assessment of statutory and general law principles / Elise Bant and Jeannie Marie Paterson

Vicarious punishment : vicarious liability for exemplary damages? / Phillip Morgan

Agreed punishment / Wayne Courtney

Controlling private punishment in three dimensions : penalties and forfeiture in England and Australia / Nicholas A Tiverios and Ben McFarlane

Penalty in the contract of employment : the good, the bad (leavers) and the ugly / Mimi Zou and Hin Liu

Punishment and private law : future themes and perspectives / Elise Bant and Jeannie Marie Paterson.

Notes:

Includes index.

ISBN:

9781509939183

1509939180

9781509939169

1509939164

9781509939176

1509939172

OCLC:

1255230387