Gain-Based Damages
Contract, Tort, Equity and Intellectual Property
$217.32
- Hardcover
320 pages
- Release Date
19 April 2002
Summary
On July 27, 2000, the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)’s gain rather than a claimant’s loss. The circumstances in which such gain-based damages might be available were left for development incrementally.
This book considers the nature of gain-based damages and explains when they have historically been available and why, and provide…
Book Details
| ISBN-13: | 9781841133348 |
|---|---|
| ISBN-10: | 1841133345 |
| Author: | James Edelman |
| Publisher: | Bloomsbury Publishing PLC |
| Imprint: | Hart Publishing |
| Format: | Hardcover |
| Number of Pages: | 320 |
| Release Date: | 19 April 2002 |
| Weight: | 656g |
| Dimensions: | 25mm x 156mm x 234mm |
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Critics Review
…a thought-provoking account of an exceedingly difficult aspect of the law of remedies provides ample food for thought and deserves appropriate attention. – Sarah Worthington, London School of Economics * Trust Law International *
…the book is carefully cited and easily navigable
it is worthy both as a guide for practitioners and resource for academics.
the logic with which Dr Edelman presents his case for recognition of gain-based damages for civil wrongs is appealing. Each step in the argument follows convincingly from the previous one. And the force of recent case law, in particular the seminal House of Lords decision in Attorney-General v Blake (where disgorgement damages for breach of contract were awarded), only serves to strengthen the argument.
James Edelman
James Edelman is Professor of the Law of Obligations in the University of Oxford.
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