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Remedies

Remedies

The Law of Damages

3rd edition

By Jamie Cassels and Elizabeth Adjin-Tettey

CONTENTS

The law of judicial remedies, which includes the law of damages, ranges over the entire field of substantive private law, including the law of contract, tort, and property. In a pragmatic sense, an examination of the issue of remedies is crucial to civil litigators in that it provides critical insights into specific legal rules and arrangements. From a theoretical perspective, an understanding of the principles governing the choice of remedies and the methods of quantifying damages reveals much about the nature of the common law process. Remedies: The Law of Damages is both a succinct handbook for the practitioner and a rich entry point to the study of judge-made law.

Highlights in the third edition include recent developments regarding remedies for breach of contract with alternative modes of performance and wrongfully dismissed employees’ entitlement to discretionary benefits. There have been substantial revisions to chapters dealing with damages for personal injury, restitutionary remedies, certainty and causation, remoteness of damages, mitigation, and reasonableness of liquidated damages clauses.


CONTENTS

Introduction

PART ONE: COMPENSATORY DAMAGES

Compensation for Harm to Economic Interests
Compensation for Harm to Property Interests
Compensation for Personal Injury
Compensation for Death
Compensation for Harm to Intangible Interests: Non-Pecuniary and Aggravated Damages

PART TWO: NON-COMPENSATORY DAMAGES

Awards Measured by Benefit: Restitution
Punitive Damages
Nominal Damages and Contemptuous Damages

PART THREE: LIMITING PRINCIPLES

Certainty and Causation
Remoteness of Damages
Mitigation, Avoided Loss, and Time of Assessment
Deductions from Damages: Collateral Benefits
Judicial Oversight of Remedy Stipulation

Table of Cases/ Index

   

Published 31 January 2014
Publisher Irwin Law (Canada)
Paperback/628pp
ISBN 9781552213599
Australian RRP $85.00
International Price $80.00
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Law - Remedies
Law - Canadian Law

Essentials of Canadian Law


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