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Vol 25 No 2 Feb/March 2020

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Justifying Private Law Remedies

Edited by: Charles E.F. Rickett

ISBN13: 9781841138145
Published: June 2008
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00

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In August 2006 the third Australian Obligations Conference was hosted in Brisbane by the TC Beirne School of Law. The theme of the Conference was Justifying Private Law Remedies. This book contains a number of the papers delivered at that Conference, presented under several categories but all dealing with the fundamental issue of justification: General Concepts; Performance; Compensation; Punishment; and Restitution and Disgorgement.

The authors are largely drawn from the legal academy, and include Canadian, Australian, British and New Zealand scholars. The collection will be of interest to all those concerned with the role, nature and place of remedies in the private law of the common law world.

Remedies and Damages
Part I General Concepts
1. Two Conceptions of Remedies
2. Rights, Remedies, Wrongs and the Bribe-taking Fiduciary
3. ‘Discretion and Remedies’
4. The Role of Policy in the Law of Obligations

Part II Performance
5. Substitutionary Damages
6. The Inadequacy of Damages as a Remedy for Breach of Contract

Part III Compensation
7. A Good Faith Perspective on Liquidated Damages
8. Economic Loss and the Duty of Care: a Study in the Exercise of
Legal Justification
9. Compensation for Breach of Trust—The Remoteness Impasse

Part IV Punishment
10. In Defence of Exemplary Damages
11. Justice and Punishment in Tort: A Comparative Theoretical

Part V Restitution and Disgorgement
12. Restitutionary Remedies for Wrongs: Causation and Remoteness
13. Subtractive and Wrongful Enrichment: Identifying Gain in the Law of
14. Equitable Relief from Forfeiture: Performance or Restitution? ;