Judicial Oversight of Remedy Stipulation
From: Remedies, 3/e
Explains judicial oversight of remedy stipulation, focusing on liquidated damages and penalties, as well as disguised penalty clauses.
Jamie Cassels, BA, LLB, LLM, QC, is President and Vice-Chancellor of the University of Victoria. He is also Professor of Law, and former Dean, at the Faculty of Law, and past Vice President Academic and Provost at the University of Victoria. Professor Cassels’s areas of expertise are contracts, torts, remedies, and legal theory, and he has written several books and numerous articles on these subjects, including The Uncertain Promise of Law: Lessons from Bhopal (1993) and, with Craig Jones, The Law of Large Scale Claims (2005). Professor Cassels is the recipient of several awards for teaching and scholarship, including the Canadian Association of Law Teachers Award for Academic Excellence and the national 3M award for Teaching Excellence.
Elizabeth Adjin-Tettey, LLB (Hons), LLM, LLM, DJur, is a Professor and Associate Dean, Administration and Research at the Faculty of Law, University of Victoria. Professor Adjin-Tettey’s teaching and research interests are in the areas of torts, remedies, insurance, and critical race and feminist theories, and she has written several articles and book chapters in these areas. Her recent work has focused on the marginalizing effects of traditional torts and remedial principles, and how best to protect the interests of consumers of insurance products while ensuring the overall viability of the private insurance system.