Commercial Remedies: Resolving Controversies

Law › Business / Commercial Law

Commercial Remedies: Resolving Controversies

Edited by Graham Virgo · Sarah Worthington
Cambridge University Press December 2018

Specifications

ISBN-13
9781107171329
Publisher
Cambridge University Press
Publication
December 2018
Format
Hardback , 624 pages
Jurisdiction
International ? Countri(es) for reference only

Also available as

Paperback

Details

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 is a remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.

Table of Contents

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.

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