Commercial Remedies Current Issues and Problems

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Format: Hardcover
Pub. Date: 2003-05-08
Publisher(s): Oxford University Press
List Price: $274.40

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Summary

This sixth volume in the Oxford Law Colloquium Series adopts the format of a collection of essays by leading academics, each with a response from a practitioner offering an insight into how the different elements of this subject are dealt with in practice. Beginning with a discussion of compensatory damages, the first Part then turns to limitations on compensation, and concludes with a re-evaluation of the SAAMCO principle. The second Part examines restitution and punishment, with particular focus on proprietary restitution for unjust enrichment and the restitution of profits made by a breach of contract. The final Part looks at how the law on agreed remedies might develop, analyses the impact of the Human Rights Act 1993 on litigation between private parties, and concludes with a consideration of commercial remedies in the conflict of laws. This is a highly topical area of law and Commercial Remedies makes a significant contribution to the debate.

Author Biography


Andrew Burrows is Norton Rose Professor of Commercial Law at St Hugh's College, Oxford, and a barrister and honorary Bencher of the Middle Temple. Edwin Peel is Fellow and Tutor in Law at Keble College, Oxford.

Table of Contents

List of Contributors
xi
List of Participants
xii
Tables of Cases
xv
Tables of Legislation
xxxi
PART A COMPENSATION
Compensatory Damages: Some Central Issues of Assessment
1(20)
John Cartwright
Compensatory Damages: Comment
21(4)
Gabrielle Hurley
Compensatory Damages: Review of Discussion
25(2)
Limitations on Compensation
27(22)
Andrew Burrows
Limitations on Compensation: Comment
49(4)
Chris Ryan
Limitations on Compensation: Review of Discussion
53(2)
SAAMCO Revisited
55(16)
Edwin Peel
SAAMCO in Practice
71(18)
Richard Butler
SAAMCO: Review of Discussion
89(4)
PART B RESTITUTION AND PUNISHMENT
Breach of Contract, Restitution for Wrongs, and Punishment
93(32)
Ewan Mckendrick
Breach of Contract, Restitution for Wrongs, and Punishment: Comment
125(4)
Sam Eastwood
Breach of Contract, Restitution for Wrongs, and Punishment: Review of Discussion
129(2)
Restitution of Unjust Enrichment
131(40)
Peter Birks
Proprietary Remedies for Unjust Enrichment
171(14)
Richard Calnan
Restitution of Unjust Enrichment: Review of Discussion
185(6)
PART C AGREED REMEDIES, HUMAN RIGHTS, AND CONFLICT OF LAWS
Agreed Remedies
191(30)
Louise Gullifer
Agreed Remedies: Comment
221(4)
John Shelton
Agreed Remedies: Review of Discussion
225(2)
Private Law Remedies and the Human Rights Act 1998: An Overview
227(30)
Nicholas Bamforth
Private Law Remedies and the Human Rights Act 1998: Defining the Limits of Interpretation
257(12)
Andrew Henderson
Private Law Remedies and the Human Rights Act 1998: Review of Discussion
269(2)
Conflict of Laws and Commercial Remedies
271(16)
Adrian Briggs
Conflict of Laws and Commercial Remedies: Comment
287(4)
Philip Reed
Conflict of Laws and Commercial Remedies: Review of Discussion
291

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