Commercial Remedies: Resolving Controversies

Cambridge University Press, 8/24/2017
EAN 9781107171329, ISBN10: 1107171326

Hardcover, 622 pages, 23.5 x 15.2 x 3.8 cm
Language: English
Originally published in English

The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.

Part I. Introduction
1. Commercial remedies
identifying themes and controversies Graham Virgo and Sarah Worthington
2. On the nature and function of remedies for breach of contract Jonathan Morgan
Part II. Specific Remedies
3. Repudiation
keeping the contract alive Janet O'Sullivan
4. Termination and the agreed sum Andrew Summers
5. Specific performance and change of mind Mindy Chen-Wishart
6. Injunctions in tort and contract Paul Davies
7. Rescission Nick McBride
8. Remedies for vindicating ownership rights in real property Amy Goymour
Part III. Monetary Remedies
9. Performance damages Charlie Webb
10. Proving contract damages Adam Kramer
11. Interest Andrew Burrows
12. Actionable loss of a chance Sarah Green
13. Gain-based remedies Graham Virgo
14. Exemplary damages James Goudkamp
Part IV. Agreed and Party-Specific Remedies
15. Express termination clauses Richard Hooley
16. Penalty clauses Sarah Worthington
17. Deposit clauses Carmine Conte
18. Flawed assets clauses Louise Gullifer
19. Subrogation Stephen Watterson
20. Equitable set-off Peter Turner
Part V. Special Contexts
21. Commercial remedies in international cases Louise Merrett
22. Remedies of the criminal courts Matthew Dyson and Paul Jarvis
Part VI. The Future
23. Codification of remedies for breach of commercial contracts
a blue-print Neil Andrews.