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Commercial Remedies: Current Issues and Problems

Edited by: Andrew Burrows, Edwin Peel

ISBN13: 9780199264650
ISBN: 0199264651
Published: January 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £187.50



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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.

Subjects:
Commercial Law, Remedies and Damages
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

Series: Oxford-Norton Rose Law Colloquium

Contract Formation and Parties ISBN 9780199583706
Published August 2010
Oxford University Press
£247.50
Contract Terms ISBN 9780199229376
Published July 2007
Oxford University Press
£190.00
Cross-Border Security and Insolvency ISBN 9780198299219
Published March 2001
Oxford University Press
£217.50
Environmental Regulation and Economic Growth: The Oxford Law Colloquium ISBN 9780198259107
Published July 1996
Oxford University Press
£115.00
The Future for the Global Securities Market - Legal and Regulatory Aspects ISBN 9780198262190
Published March 1996
Oxford University Press
£150.00
Commercial Aspects of Trusts and Fiduciary Obligations ISBN 9780198257653
Published December 1993
Oxford University Press
£245.00