Gain-Based Damages
«...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 April 2002 ...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. Michael Rush, Magdalen College, Oxford Australian Bar Review November 2002»
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. Les mer
Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards.
Detaljer
- Forlag
- Hart Publishing
- Innbinding
- Innbundet
- Språk
- Engelsk
- Sider
- 320
- ISBN
- 9781841133348
- Utgivelsesår
- 2002
- Format
- 23 x 16 cm
- Priser
- Society of Legal Scholars Prize for Outstanding Legal Scholarship 2003
Anmeldelser
«...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 April 2002 ...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. Michael Rush, Magdalen College, Oxford Australian Bar Review November 2002»