Justifying Private Law Remedies

Justifying Private Law Remedies

by C.E.F. Rickett

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Product Details

ISBN-13: 9781847317087
Publisher: Bloomsbury USA
Publication date: 06/26/2008
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 405
File size: 544 KB

About the Author

Charles EF Rickett, MA, LLB, BD is the Sir Gerard Brennan Professor of Law at the TC Beirne School of Law, The University of Queensland.
Charles EF Rickett, MA, LLB, BD is the Sir Gerard Brennan Professor of Law at the TC Beirne School of Law, The University of Queensland.

Table of 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

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