Titel: Commercial Remedies: Current Issues and Problems
Herausgegeben von Andrew Burrows, Edwin Peel
OXFORD UNIV PR
Mai 2003 - gebunden - 344 Seiten
This sixth volume in the Oxford Law Colloquium Series adopts the format of a collection of essays by leading academics, each with a response from a practitioner offering an insight into how the different elements of this subject are dealt with in practice. Beginning with a discussion of compensatory damages, the first Part then turns to limitations on compensation, and concludes with a re-evaluation of the SAAMCO principle. The second Part examines restitution and punishment, with particular focus on proprietary restitution for unjust enrichment and the restitution of profits made by a breach of contract. The final Part looks at how the law on agreed remedies might develop, analyses the impact of the Human Rights Act 1993 on litigation between private parties, and concludes with a consideration of commercial remedies in the conflict of laws. This is a highly topical area of law and Commercial Remedies makes a significant contribution to the debate.
Foreword by Lord Nicholls; PART A: COMPENSATION; 1. Compensatory Damages: Some Central Issues of Assessment; 2. Compensatory Damages: Comment; 3. Compensatory Damages: Review of Discussion; 4. Limitations on Compensation; 5. Limitations on Compensation: Comment; 6. Limitations on Compensation: Review of Discussion; 7. SAAMCO Revisited; 8. SAAMCO In Practice; 9. SAAMCO: Review of Discussion; PART B: RESTITUTION AND PUNISHMENT; 10. Breach of Contract, Restitution for Wrongs and Punishment; 11. Breach of Contract, Restitution for Wrongs and Punishment: Comment; 12. Breach of Contract, Restitution for Wrongs and Punishment: Review of Discussion; 13. Restitution of Unjust Enrichment; 14. Proprietary Remedies for Unjust Enrichment; 15. Restitution of Unjust Enrichment: Review of Discussion; PART C: AGREED REMEDIES, HUMAN RIGHTS AND CONFLICT OF LAWS; 16. Agreed Remedies; 17. Agreed Remedies: Comment; 18. Agreed Remedies: Review of Discussion; 19. Private Law Remedies and the Human Rights Act 1998: An Overview; 20. Private Law Remedies and the Human Rights Act 1998: Defining the Limits of Interpretation; 21. Private law Remedies and the Human Rights Act 1998: Review of Discussion; 22. Conflict of Laws and Commercial Remedies; 23. Conflict of Laws and Commercial Remedies: Comment; 24. Conflict of Laws and Commercial Remedies: Review of Discussion
Andrew Burrows is Norton Rose Professor of Commercial Law in the University of Oxford, and Fellow of St Hugh's College.
Edwin Peel is Fellow and Tutor in Law at Keble College, Oxford.
... provides a useful insight into commercial remedies. It sets out essential issues from an academic viewpoint in various areas of commercial remedies, ranging from a broad spectrum of contractual damages to issues of unjust enrichment and penalty clauses. There is some useful input from practitioners' analysis of the subject. It should be of interest to both academics and practitioners. International Company and Commercial Law Review ... raise[s] many pertinent issues which all lawyers should familiarise themselves with and the unique format providing both an academic and a practitioner-orientated perspectve makes it even more valuable. Singapore Journal of Legal Studies Commercial Remedies should certainly be of interest to any lawyer interested in commercial law. It raises a host of important issues, both old and new, that no commercial lawyer should be ignorant of and even where an issue is not discussed exhaustively, it provides a good starting point for both research and reflection. Singapore Journal of Legal Studies