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The Law of Remedies

The Law of Remedies

New Directions in the Common Law

By Jeffrey Berryman and Rick Bigwood

CONTENTS

Collectively, these essays illustrate the breadth and depth of attention that is now accorded to the study of remedies throughout the common law world. The collection also demonstrates the value of fruitful exchanges across common law jurisdictions that have much to gain from learning of one another’s experiences, thereby enriching the body of knowledge for a system that is inherently built upon discrete and incremental case law.

This volume of essays is the end product of the Second International Symposium on the Law of Remedies, a joint undertaking of the Faculties of Law at the Universities of Windsor, Canada, and Auckland (Research Centre for Business Law), New Zealand. The symposium brought together scholars drawn from four continents, representing the major Commonwealth common law jurisdictions, as well as the United States and Ireland.


CONTENTS

Remedies for Bad Behaviour in Canadian Contract Law
Robert Sharpe
Reliance Damages for Breach of Contract
David McLauchlan
Fuller and Perdue’s Limitations: Opportunities, Performance, and Quantification
Maree Chetwin
Damages for Breach of Contracts with Alternative Performances
Michael G Pratt
Coherence, Non-Pecuniary Loss, and the Construction of Privacy
Michael Tilbury
Beyond Dignity?
Grant Hammond
Redressing Dignitary Injuries and Non-economic Loss in Novel Torts: Challenges for the Law of Remedies
Penelope Watson
Holism and Harmony in the Law of Remedies
Ken Cooper-Stephenson
Remedies: The Key to the Common Law System?
Steve Hedley
Beyond Compensation: Apology as a Private Law Remedy
Robyn Carroll
Remedies for Breaches of “Public” Obligations: The Equality Principle Meets the Welfare State and the New Constitutionalism
Geoff McLay
Addressing the Remedial Interests of Patients after an Adverse Event in Healthcare: The New Zealand Response
Joanna Manning
The Crown and Remedies
David Wright
Remedies and Accountability for Unlawful Judicial Action in New Zealand: Could the Law be Tidier?
Bruce V Harris
A Plea to Reject the United States Supreme Court’s Due-Process Review of Punitive Damages
Doug Rendleman
Remedies for Breach of Fiduciary Duty in Joint Ventures
Jessica Palmer
Mareva Orders in Globalized Litigation
David Capper
Exporting Your Remedy: A Canadian Perspective on the Recognition and Enforcement of Monetary and Other Relief
H Scott Fairley
Damages in Transnational Tort Litigation: Legislative Restrictions and the Substance/Procedure Distinction in Australian Conflict of Laws
Gary Davis
The Globalization of Defamation
Russell L Weaver & David F Partlett
The Class Action as Sheriff: Private Law Enforcement and Remedial Roulette
Peta Spender
Class Actions (Representative Proceedings) and the Exercise of the Cy-Pres Doctrine: Time for Improved Scrutiny
Jeff Berryman
Index
   

Published 29 July 2010
Publisher Irwin Law (Canada)
Hardback/784pp
ISBN 9781552211847
Australian RRP $135.00
International Price $125.00
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Law - Remedies


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