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The Law of Privilege

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Private Law Remedies


ISBN13: 9781035316014
Published: August 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £125.00



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This insightful book outlines the remedies for private law wrongs such as breach of contract, breach of fiduciary duty, breach of trust and torts. With a focus on English law, it provides an accessible, up-to-date and commercially centred overview of this complex field.

Katy Barnett and Sirko Harder discuss remedies at common law, in equity and under statute. The remedies are primarily organised according to their function: first, compensation for loss, then coercive, vindicatory, restitutionary and gain-based remedies and finally, proprietary remedies. Private Law Remedies examines the general principles in remedies law and highlights the commonalities and differences among the various private law wrongs. While the focus is on English law, some developments in other common law countries are also mentioned.

Students and scholars of private and commercial law will greatly benefit from this clear and accessible book. It is also a vital resource for overseas lawyers who are seeking to understand private law remedies in English law, as well as policymakers, judges and commercial litigators.

Subjects:
Commercial Law
Contents:
Preface
1. Introduction to Private Law Remedies
2. Assessment of compensation: general principles
3. Attribution of responsibility: general principles
4. Compensation in contract
5. Compensation in tort
6. Compensation in equity
7. Coercive remedies
8. Vindicatory remedies
9. Disgorgement of gain
10. Restitution and giving back
11. Proprietary remedies
Index