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Research Handbook on Remedies in Private Law
This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent.
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Critical Acclaim
Contributors
Contents
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The purpose and doctrinal structure of private law remedies has undergone fundamental questioning over the last 25 years. This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law.
The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent. Leading contributors from across the globe thoroughly analyse the steps taken to improve the clarity and functioning of the law and examine additions to the law’s difficulties.
Providing a uniquely in-depth engagement with the doctrine and theory of the topic, this Research Handbook will be of great interest to academics and students working and studying contract, equity, restitution or tort law, as well as practising lawyers in the field.
The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent. Leading contributors from across the globe thoroughly analyse the steps taken to improve the clarity and functioning of the law and examine additions to the law’s difficulties.
Providing a uniquely in-depth engagement with the doctrine and theory of the topic, this Research Handbook will be of great interest to academics and students working and studying contract, equity, restitution or tort law, as well as practising lawyers in the field.
Critical Acclaim
‘The Research Handbook is not merely a comprehensive reference work, but also includes a number of innovative contributions to existing scholarship. Overall, the editors and contributors to this volume have succeeded in providing an in-depth review of the law of remedies that can both open up new debates and rejuvenate old ones.’
– Grigoris Bacharis, European Journal of Legal Studies
‘An excellent resource both for accomplished experts and those who seek an introduction to the field of private law remedies. The book covers many important issues, including the relationship between rights and remedies, the purposes of various remedies, contractual remedies in comparative perspective, and specific issues relevant to remedies law in practice.’
– Normann Witzleb, Monash University, Australia
– Grigoris Bacharis, European Journal of Legal Studies
‘An excellent resource both for accomplished experts and those who seek an introduction to the field of private law remedies. The book covers many important issues, including the relationship between rights and remedies, the purposes of various remedies, contractual remedies in comparative perspective, and specific issues relevant to remedies law in practice.’
– Normann Witzleb, Monash University, Australia
Contributors
Contributors: K. Barnett, A. Beever, J. Berryman, R. Bigwood, D. Campbell, J. Devenney, R. Halson, S. Harder, S. Hedley, P. Jaffey, M. Kenny, Q. Liu, S. Macaulay, L. MacGregor, C. Macmillan, E. McKendrick, D. McLauchlan, C. Mitchell, P. Mitchell, J. Morgan, A. Morris, R. Palmer, B. Pontin, X. Ren, D. Sheehan, S.A. Smith, A. Tettenborn, S. Waddams, W. Whitford, D. Winterton
Contents
Contents:
Preface: Stewart Macaulay, University of Wisconsin
Introduction: David Campbell, Lancaster and Roger Halson, Leeds
A. General issues
1. Is remedies a subject?
Steve Hedley
2. The modern history of remedies for breach of contract
Stephen Waddams
3. The modern history of remedies in tort
Paul Mitchell
4. Personal injury compensation and civil justice paradigms
Annette Morris
5. Remedies and reality in the law of contract
Catherine Mitchell
B. The protected interests
6. The limitations on ‘reliance’ damages for breach of contract
David McLauchlan
7. Restitution
Peter Jaffey
8. The performance interest
David Winterton
9. Remedies for breach of trust
Duncan Sheehan
C. Specific issues
10. Termination of contract for fundamental breach
Qiao Liu
11. Literal enforcement of obligations
Andrew Tettenborn
12. Damages for non-pecuniary loss
Roger Halson
13. Remedies for common mistake and frustration
Catharine Macmillan
14. Market damages and their relationship to the general principles of remedies for breach of contract
David Campbell
15. Consumer law and the Consumer Rights Act 2015
James Devenney
16. Injunctions through the lens of nuisance
Robert Palmer and Ben Pontin
17. Gain-based damages
Katy Barnett
D. Insights from other jurisdictions
18. Remedies for breach of contract in Scots law
Laura MacGregor
19. Australian perspectives on contract damages
Sirko Harder
20. Canadian perspectives on contract remedies
Jeff Berryman
21. New Zealand perspectives on contract remedies
Rick Bigwood
22. Remedies in International Instruments
Ewan McKendrick and Xiang Ren
23. Those magnificent men in their unifying machines: exploring the wreckage of the unification initiative in European private law
Mel Kenny
E. Theoretical perspectives
24. Tort law and the tort system: from vindictiveness to vindication
Allan Beever
25. The structure of remedial law
Steve Smith
26. Contract damages as default rules
Jonathan Morgan
27. A relational perspective on contract law’s default rules, with an emphasis on remedies
William Whitford
Index
Preface: Stewart Macaulay, University of Wisconsin
Introduction: David Campbell, Lancaster and Roger Halson, Leeds
A. General issues
1. Is remedies a subject?
Steve Hedley
2. The modern history of remedies for breach of contract
Stephen Waddams
3. The modern history of remedies in tort
Paul Mitchell
4. Personal injury compensation and civil justice paradigms
Annette Morris
5. Remedies and reality in the law of contract
Catherine Mitchell
B. The protected interests
6. The limitations on ‘reliance’ damages for breach of contract
David McLauchlan
7. Restitution
Peter Jaffey
8. The performance interest
David Winterton
9. Remedies for breach of trust
Duncan Sheehan
C. Specific issues
10. Termination of contract for fundamental breach
Qiao Liu
11. Literal enforcement of obligations
Andrew Tettenborn
12. Damages for non-pecuniary loss
Roger Halson
13. Remedies for common mistake and frustration
Catharine Macmillan
14. Market damages and their relationship to the general principles of remedies for breach of contract
David Campbell
15. Consumer law and the Consumer Rights Act 2015
James Devenney
16. Injunctions through the lens of nuisance
Robert Palmer and Ben Pontin
17. Gain-based damages
Katy Barnett
D. Insights from other jurisdictions
18. Remedies for breach of contract in Scots law
Laura MacGregor
19. Australian perspectives on contract damages
Sirko Harder
20. Canadian perspectives on contract remedies
Jeff Berryman
21. New Zealand perspectives on contract remedies
Rick Bigwood
22. Remedies in International Instruments
Ewan McKendrick and Xiang Ren
23. Those magnificent men in their unifying machines: exploring the wreckage of the unification initiative in European private law
Mel Kenny
E. Theoretical perspectives
24. Tort law and the tort system: from vindictiveness to vindication
Allan Beever
25. The structure of remedial law
Steve Smith
26. Contract damages as default rules
Jonathan Morgan
27. A relational perspective on contract law’s default rules, with an emphasis on remedies
William Whitford
Index
