Remedies in Contract and Tort

Remedies is one of the key organizing concepts of the obligations approach to the common law.

Donald Harris (Author), David Campbell (Author), Roger Halson (Author)

9780521606059, Cambridge University Press

Paperback, published 1 March 2002

688 pages
21.7 x 13.9 x 4 cm, 0.928 kg

Remedies is the subject of increasing academic interest. It is one of the key organising concepts of the obligations approach to the common law, the pre-eminent approach in law schools, now officially sanctioned by the Law Society. This second edition modernizes the first edition quite considerably. This work determines the place of remedies in contract and tort within the current debate about the reform of the common law obligation.

Preface
Table of statutes
Table of cases
Part I: Remedies for Unfulfilled Contractual Undertakings: 1. Introduction: the function and structure of remedies for failure to perform a contractual obligation
Section 1. First-Step Remedies: 2. Forebearance, alternative dispute resolution and settlement
3. Self-help
4. Consumer protection
Section 2. Compensation: 5. The protected contractual interests
6. Remoteness
7. Mitigation
8. Reliance expenditure
9. Pre-estimated damages
Section 3. Literal Enforcement: 10. Introduction
11. Claims in debt
12. Specific performance
13. Injunctions
14. Performance by a substitute
15. Appraisal of literal enforcement
Section 4. Restitution: 16. Existing forms of restitution
17. The expansion of restitution
Part II. Tort: Remedies for Wrongdoing: Section 5. General Issues in Tort Remedies: 18. Objectives of the law
19. Causation, mitigation and contributory negligence
20. Remoteness
21. Self-help
Section 6. Compensation for Personal Injuries and Death: 22. Personal injury damages: the formal law
23. Damages upon death
24. The damages system in practice
Section 7. Protecting Property and Financial Interests: 25. Interference with the enjoyment of land: private nuisance
26. Protecting the right to occupy or use land
27. Protecting the right to use chattels
28. Protecting financial interests
Part III. Common Issues: 29. Concurrent liability in contract and tort
30. Exemplary damages
31. Interim protection
32. Time limits for claims
Index.

Subject Areas: Torts / Delicts [LNV], Contract law [LNCJ]