Subjects:

Commercial Law

Contents:

Foreword by Lord Nicholls

PART A: COMPENSATION

1. Compensatory Damages: Some Central Issues of Assessment

2. Compensatory Damages: Comment

3. Compensatory Damages: Review of Discussion

4. Limitations on Compensation

5. Limitations on Compensation: Comment

6. Limitations on Compensation: Review of Discussion

7. SAAMCO Revisited

8. SAAMCO In Practice

9. SAAMCO: Review of Discussion

PART B: RESTITUTION AND PUNISHMENT

10. Breach of Contract, Restitution for Wrongs and Punishment

11. Breach of Contract, Restitution for Wrongs and Punishment: Comment

12. Breach of Contract, Restitution for Wrongs and Punishment: Review of Discussion

13. Restitution of Unjust Enrichment

14. Proprietary Remedies for Unjust Enrichment

15. Restitution of Unjust Enrichment: Review of Discussion

PART C: AGREED REMEDIES, HUMAN RIGHTS AND CONFLICT OF LAWS

16. Agreed Remedies

17. Agreed Remedies: Comment

18. Agreed Remedies: Review of Discussion

19. Private Law Remedies and the Human Rights Act 1998: An Overview

20. Private Law Remedies and the Human Rights Act 1998: Defining the Limits of Interpretation

21. Private law Remedies and the Human Rights Act 1998: Review of Discussion

22. Conflict of Laws and Commercial Remedies

23. Conflict of Laws and Commercial Remedies: Comment

24. Conflict of Laws and Commercial Remedies: Review of Discussion

The sixth volume in the Oxford Law Colloquium Series analyses the workings of, and problems associated with, commercial remedies. The book 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.