Commercial Remedies Current Issues and Problems [Hardcover]

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 theSAAMCOprinciple. 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 andCommercial Remediesmakes a significant contribution to the debate.

Foreword by Lord Nicholls
Part A: Compensation
1. Compensatory Damages: Some Central Issues of Assessment,John Cartwright
2. Compensatory Damages: Comment,Gabrielle Hurley
3. Compensatory Damages: Review of Discussion
4. Limitations on Compensation,Andrew Burrows
5. Limitations on Compensation: Comment,Chris Ryan
6. Limitations on Compensation: Review of Discussion
7. SAAMCO Revisited,Edwin Peel
8. SAAMCO In Practice,Richard Butler
9. SAAMCO: Review of Discussion
Part B: Restitution and Punishment
10. Breach of Contract, Restitution for Wrongs and Punishment,Ewan McKendrick
11. Breach of Contract, Restitution for Wrongs and Punishment: Comment,Sam Eastwood
12. Breach of Contract, Restitution for Wrongs and Punishment: Review of Discussion
13. Restitution of Unjust Enrichment,Peter Birks
14. Proprietary Remedies for Unjust Enrichment,Richl³4