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Punishment and Private Law

Edited by: Elise Bant, Wayne Courtney, James Goudkamp, Jeannie Paterson

ISBN13: 9781509939152
Published: July 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00



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Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.

Subjects:
Contract Law, Tort Law
Contents:
Part I. Introduction
1. Punishment and Private Law
Wayne Courtney and James Goudkamp
Part II. History, Theory and Concepts
2. Punishment in Private Law – No Such Thing (Any More)
Kit Barker
3. Punishment and Private Law: Some Comparative Observations
Solène Rowan
4. Privacy, Punishment and Private Law
Andrew Roberts and Megan Richardson
5. Punishments and Penalties in Private Law, with Particular Reference to the Law Governing Fiduciaries
James Penner
6. The Ultimate Sanction: The Purpose and Role of Contempt in Private Law Litigation
David Rolph
Part III. Punitive Damages
7. Punitive Damages Transformed into Societal Damages
Catherine M Sharkey
8. Punitive Damages: Ten Misconceptions
James Goudkamp and Eleni Katsampouka
9. Exemplary Damages in Contract Law
Katy Barnett
10. Effecting Deterrence through Proportionate Punishment:An Assessment of Statutory and General Law Principles
Elise Bant and Jeannie Marie Paterson
11. Vicarious Punishment: Vicarious Liability for Exemplary Damages?
Phillip Morgan
Part IV. Limiting Punishment
12. Agreed Punishment
Wayne Courtney
13. Controlling Private Punishment in Three Dimensions: Penalties and Forfeiture in England and Australia
Nicholas A Tiverios and Ben McFarlane
14. Penalty in the Contract of Employment: The Good, the Bad (Leavers) and the Ugly
Mimi Zou and Hin Liu
Part V. Conclusion
15. Punishment and Private Law: Future Themes and Perspectives
Elise Bant and Jeannie Marie Paterson

Series: Hart Studies in Private Law

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Corporate Attribution in Private Law ISBN 9781509941353
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Unexpected Consequences of Compensation Law ISBN 9781509943678
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Contents of Commercial Contracts: Terms Affecting Freedoms ISBN 9781509945382
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A Unified Approach to Contract Interpretation ISBN 9781509944408
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Punishment and Private Law (eBook) ISBN 9781509939169
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Justifying Private Rights ISBN 9781509931958
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