The Law of Damages
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.
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.