Commercial Remedies: Current Issues and Problems
The sixth volume in the Oxford Law Colloquium Series analyses the workings of, and problems associated with, commercial remedies. The book adopts the ... Show synopsis 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, which considers the question of duty in assessing damages. The second part focuses on restitution and punishment, and looks in detail at the role of judicial discretion in the award of damages and selection of the appropriate remedy. The final part includes an analysis of the impact of the Human Rights Act on litigation between private parties, and 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.