Author(s)

;

Publication Year

Publisher

ISBN: 9781552213599

Category:

 
View more details about this title
on the publisher's website:

 
This title can be assigned for course purchase in eBook format through Campus eBookstore:

Remedies, 3/e

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.

Contributors

Jamie Cassels

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

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.

Chapter Title Abstract Contributors Pages Year Price

Preview

Introduces the law of remedies by discussing the scope and significance of the subject, the principles of remedial selection, the interests protected, as well as limits on the award of damages. ; 13 $1.30

Preview

Explores the principle of recovery for harm to economic interests, focusing primarily upon contract law, although tort law is also touched upon. Expectation damages in typical situations, issues … ; 56 $5.60

Preview

Outlines the basic principles of damages assessment in relation to property interests, in both contract and tort, focusing on the non-delivery of property, defects, damage and destruction of … ; 53 $5.30

Preview

Discusses compensation for personal injury, focusing on the form of the award, special damages, the cost of future care, lost earning capacity, compensation for lost homemaking capacity and lost … ; 79 $7.90

Preview

Outlines compensation for death, primarily focusing on family compensation actions and survival actions. ; 35 $3.50

Preview

Explores compensation for harm to intangible interests, primarily focusing on non-pecuniary and aggravated damages. Non-pecuniary damages in both tort law and contract law are discussed. ; 39 $3.90

Preview

Discusses awards measured by benefit, focusing on the principle of unjust enrichment, the availability of restitutionary remedies, remedial options for unjust enrichment and valuation issues with … ; 39 $3.90

Preview

Outlines punitive damages, considering punitive damages in tort law, quantum of awards, proper defendants and punitive damages in contract law. ; 34 $3.40

Preview

Considers the definition, purpose, availability and amount of nominal damages, as well as contemptuous damages. ; 6 $0.60

Preview

Explains the general principles of proof regarding damages assessment, explains recovery for “lost chances” and shows how an imaginative approach to damages quantification can resolve … ; 29 $2.90

Preview

Outlines remoteness of damages in both contract law and tort law. Rules from Hadley v Baxendale and Hughes v Lord Advocate are also discussed. ; 36 $3.60

Preview

Discusses mitigation of damages, mitigation in personal injury cases, avoided loss and time of assessment. ; 52 $5.20

Preview

Discusses deduction from damages and collateral benefits, focusing on the treatment of specific benefits, including private insurance benefits and pensions. ; 40 $4.00

Preview

Explains judicial oversight of remedy stipulation, focusing on liquidated damages and penalties, as well as disguised penalty clauses. ; 20 $2.00