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Punishment and Private Law (eBook)

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

ISBN13: 9781509939169
Published: July 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £90.00
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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, eBooks
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

Resulting Trusts ISBN 9781849465489
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Legislation and Reform in the Law of Obligations ISBN 9781849463188
To be published June 2023
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The Irreducible Core of the Trust ISBN 9781782257172
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Corporate Attribution in Private Law ISBN 9781509941353
To be published April 2022
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£85.00
Unexpected Consequences of Compensation Law ISBN 9781509943678
To be published March 2022
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£34.99
Contents of Commercial Contracts: Terms Affecting Freedoms ISBN 9781509945382
To be published January 2022
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£49.99
A Unified Approach to Contract Interpretation ISBN 9781509944408
To be published January 2022
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£39.99
Economic Torts and Economic Wrongs (eBook) ISBN 9781509934768
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£76.50
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Economic Torts and Economic Wrongs ISBN 9781509934751
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£85.00
Punishment and Private Law ISBN 9781509939152
Published July 2021
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£100.00
Reconceptualising Strict Liability for the Tort of Another ISBN 9781509952199
To be published June 2021
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£29.99
The Impact of Equity and Restitution in Commerce ISBN 9781509944934
Published February 2021
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£41.99
The Evolution from Strict Liability to Fault in the Law of Torts ISBN 9781509940998
Published February 2021
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£85.00
Apportionment in Private Law ISBN 9781509944941
Published February 2021
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£41.99
The Evolution from Strict Liability to Fault in the Law of Torts (eBook) ISBN 9781509941001
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Justifying Private Rights ISBN 9781509931958
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Justifying Private Rights (eBook) ISBN 9781509931965
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Illegality after Patel v Mirza ISBN 9781509943593
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Unexpected Consequences of Compensation Law (eBook) ISBN 9781509928002
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Unexpected Consequences of Compensation Law ISBN 9781509927999
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A Unified Approach to Contract Interpretation (eBook) ISBN 9781509927586
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£35.99
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£44.99
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£100.00
A Unified Approach to Contract Interpretation ISBN 9781509927579
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£80.00
Rationalising Constructive Trusts ISBN 9781509935161
Published January 2020
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£45.00
Reconceptualising Strict Liability for the Tort of Another ISBN 9781509917532
Published November 2019
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£65.00
Reconceptualising Strict Liability for the Tort of Another (eBook) ISBN 9781509917549
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£26.99
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Equity, Trusts and Commerce ISBN 9781509932184
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£40.00
Equity, Trusts and Commerce (eBook) ISBN 9781509907304
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£36.00
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Equitable Compensation and Disgorgement of Profit ISBN 9781509931279
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£40.00
Equitable Compensation and Disgorgement of Profit (eBook) ISBN 9781509901463
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£36.00
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Negligence and Illegality ISBN 9781509929788
Published June 2019
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£30.00
Private Law and Power ISBN 9781509929726
Published May 2019
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Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781509928880
Published April 2019
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Comparative Law in Practice: Contract Law in a Mid-Channel Jurisdiction ISBN 9781509927531
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A Theory of Tort Liability ISBN 9781509926428
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Apportionment in Private Law ISBN 9781509917501
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£85.00
The Impact of Equity and Restitution in Commerce ISBN 9781509915644
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Evidential Uncertainty in Causation in Negligence ISBN 9781509924486
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£28.99
Vicarious Liability: Critique and Reform (eBook) ISBN 9781509920242
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£31.49
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Vicarious Liability: Critique and Reform ISBN 9781509920235
Published September 2018
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Illegality after Patel v Mirza (eBook) ISBN 9781509912780
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£40.49
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Illegality after Patel v Mirza ISBN 9781509912773
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£90.00
Defences in Unjust Enrichment ISBN 9781509921102
Published April 2018
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£41.99
The Duty of Care in Negligence (eBook) ISBN 9781509914869
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£22.50
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The Duty of Care in Negligence ISBN 9781509914845
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£36.99
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Rationalising Constructive Trusts ISBN 9781849465960
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Causation in Negligence ISBN 9781509905034
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£26.99
Accessory Liability ISBN 9781509914104
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Equity, Trusts and Commerce ISBN 9781509907298
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£90.00
Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
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Tort Law and Human Rights 2nd ed (eBook) ISBN 9781509913176
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Tort Law and Human Rights 2nd ed ISBN 9781841139074
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Negligence and Illegality (eBook) ISBN 9781509906673
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Negligence and Illegality ISBN 9781509906666
Published January 2017
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£70.00
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£130.00
Private Law in the 21st Century (eBook) ISBN 9781509908592
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£117.00
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Private Law and Power ISBN 9781509905997
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£85.00
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£36.00
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Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781782258391
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A Theory of Tort Liability (eBook) ISBN 9781509903191
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£25.19
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A Theory of Tort Liability ISBN 9781509903184
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£65.00
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Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
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£26.09
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Defences in Unjust Enrichment (eBook) ISBN 9781782256359
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Defences in Unjust Enrichment ISBN 9781849467254
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Contractual Indemnities ISBN 9781509905010
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Money Awards in Contract Law (eBook) ISBN 9781782252962
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Money Awards in Contract Law ISBN 9781849464574
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Accessory Liability (eBook) ISBN 9781849469579
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Causation in Negligence ISBN 9781849463317
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Contractual Indemnities (eBook) ISBN 9781782253891
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£37.79
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The Europeanisation of English Tort Law ISBN 9781849463195
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The Europeanisation of English Tort Law (eBook) ISBN 9781782253808
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Law of Private Nuisance ISBN 9781849465069
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Iniuria and the Common Law ISBN 9781849465038
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Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer ISBN 9781849462235
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Restitution of Overpaid Tax (eBook) ISBN 9781782251224
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Restitution of Overpaid Tax ISBN 9781849461733
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Informal Carers and Private Law (eBook) ISBN 9781782250470
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Informal Carers and Private Law ISBN 9781849462815
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£85.00
Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
Published July 2012
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Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
Published July 2012
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£85.50
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(ePub)
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Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
Published May 2012
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£80.00
Fault Lines in Equity (eBook) ISBN 9781847319449
Published May 2012
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Fault Lines in Equity ISBN 9781849462198
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£95.00