Overview

The sixth volume in the Oxford Law Colloquium Series analyses the workings of, and problems associated with, commercial remedies. The book 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.

Full Product Details

Author:   Andrew Burrows (, Norton Rose Professor of Commercial Law and Fellow of St Hugh's College, Oxford) ,  Edwin Peel (, Fellow and Tutor in Law, Keble College, Oxford) ,  Edwin Peel (Fellow and Tutor in Law, Keble College, University of Oxford) ,  Lord Nicholls
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Volume:   v. 6
Dimensions:   Width: 16.50cm , Height: 2.50cm , Length: 24.10cm
Weight:   0.645kg
ISBN:  

9780199264650

ISBN 10:   0199264651
Pages:   344
Publication Date:   13 March 2003
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

Foreword by Lord Nicholls Part A: Compensation 1: John Cartwright: Compensatory Damages: Some Central Issues of Assessment 2: Gabrielle Hurley: Compensatory Damages: Comment 3: Compensatory Damages: Review of Discussion 4: Andrew Burrows: Limitations on Compensation 5: Chris Ryan: Limitations on Compensation: Comment 6: Limitations on Compensation: Review of Discussion 7: Edwin Peel: SAAMCO Revisited 8: Richard Butler: SAAMCO In Practice 9: SAAMCO: Review of Discussion Part B: Restitution and Punishment 10: Ewan McKendrick: Breach of Contract, Restitution for Wrongs and Punishment 11: Sam Eastwood: Breach of Contract, Restitution for Wrongs and Punishment: Comment 12: Breach of Contract, Restitution for Wrongs and Punishment: Review of Discussion 13: Peter Birks: Restitution of Unjust Enrichment 14: Richard Calnan: Proprietary Remedies for Unjust Enrichment 15: Restitution of Unjust Enrichment: Review of Discussion Part C: Agreed Remedies, Human Rights and Conflict of Laws 16: Louise Gullifer: Agreed Remedies 17: John Shelton: Agreed Remedies: Comment 18: Agreed Remedies: Review of Discussion 19: Nicholas Bamforth: Private Law Remedies and the Human Rights Act 1998: An Overview 20: Andrew Henderson: 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: Adrian Briggs: Conflict of Laws and Commercial Remedies 23: Philip Reed: Conflict of Laws and Commercial Remedies: Comment 24: Conflict of Laws and Commercial Remedies: Review of Discussion

Reviews

... 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

Author Information

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.

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