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Remedies for Torts, Breach of Contract, and Equitable Wrongs最新文献

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Proof of loss and loss of a chance 损失和失去机会的证明
Remedies for Torts, Breach of Contract, and Equitable Wrongs Pub Date : 2019-06-18 DOI: 10.1093/oso/9780198705932.003.0008
A. Burrows
{"title":"Proof of loss and loss of a chance","authors":"A. Burrows","doi":"10.1093/oso/9780198705932.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780198705932.003.0008","url":null,"abstract":"A word is merited about the terminology of damages for loss of a chance. While it may be possible to distinguish conceptually between damages for loss of a chance and damages for the chance of a loss, this chapter draws no such distinction. Rather it uses the terminology of loss of a chance in a wide sense which covers both the lost chance of acquiring a benefit and the lost chance of avoiding a detriment. Increasing the chance of a loss equates to the lost chance of avoiding a detriment and this explains why a case like Barker v Corus (UK) Plc—where, as we have seen in the previous chapter, the courts awarded damages proportionately to the ‘material increase in risk’ of a disease—is equally well viewed as a loss of a chance case.","PeriodicalId":273138,"journal":{"name":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121235618","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Equitable (compensatory) damages 衡平法(补偿性)损害赔偿
Remedies for Torts, Breach of Contract, and Equitable Wrongs Pub Date : 2019-06-18 DOI: 10.1093/oso/9780198705932.003.0022
A. Burrows
{"title":"Equitable (compensatory) damages","authors":"A. Burrows","doi":"10.1093/oso/9780198705932.003.0022","DOIUrl":"https://doi.org/10.1093/oso/9780198705932.003.0022","url":null,"abstract":"Prior to 1858 there was probably some power, albeit very restricted, to award damages in equity in addition to specific performance. But this is of merely historical interest, because by the Chancery Amendment Act 1858, s 2 (Lord Cairns’s Act) the Court of Chancery was given power to award damages ‘in addition to or in substitution for [an] injunction or specific performance’. This power to award what are commonly referred to as ‘equitable damages’ is now vested in the courts by the Senior Courts Act 1981, s 50. As regards damages in addition, the power is self-explanatory—whenever an injunction or specific performance is granted, damages can be added. But when may damages in substitution be awarded?","PeriodicalId":273138,"journal":{"name":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121251066","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The impact of the Human Rights Act 1998 1998年《人权法》的影响
Remedies for Torts, Breach of Contract, and Equitable Wrongs Pub Date : 2019-06-18 DOI: 10.1093/oso/9780198705932.003.0003
A. Burrows
{"title":"The impact of the Human Rights Act 1998","authors":"A. Burrows","doi":"10.1093/oso/9780198705932.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780198705932.003.0003","url":null,"abstract":"The enactment of the Human Rights Act 1998 (HRA 1998) has raised a number of novel issues for English law. But the impact of the Act on the subject matter of this book has been limited. That impact is best understood by clarifying that there are two main respects in which the Act is relevant to civil wrongs.","PeriodicalId":273138,"journal":{"name":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127759211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Specific performance 特定的性能
Remedies for Torts, Breach of Contract, and Equitable Wrongs Pub Date : 2019-06-18 DOI: 10.1017/cbo9781107445260.014
A. Burrows
{"title":"Specific performance","authors":"A. Burrows","doi":"10.1017/cbo9781107445260.014","DOIUrl":"https://doi.org/10.1017/cbo9781107445260.014","url":null,"abstract":"Specific performance is an equitable remedy which enforces a defendant’s positive contractual obligations: that is, it orders the defendant to do what he or she promised to do. It is therefore a remedy protecting the claimant’s expectation interest, the justification for such protection resting ultimately on the morality of promise-keeping. Prohibitory injunctions also enforce contractual promises, but differ in that the promises in question are there negative. However, if what is in form a prohibitory injunction, in substance orders specific performance, or if the courts consider that in practice the injunction amounts to specific performance, it is governed by specific performance principles and is dealt with in this chapter.","PeriodicalId":273138,"journal":{"name":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124388397","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Form of compensatory damages, date for assessment, taxation 补偿性损害赔偿的形式、评定日期、纳税
Remedies for Torts, Breach of Contract, and Equitable Wrongs Pub Date : 2019-06-18 DOI: 10.1093/oso/9780198705932.003.0012
A. Burrows
{"title":"Form of compensatory damages, date for assessment, taxation","authors":"A. Burrows","doi":"10.1093/oso/9780198705932.003.0012","DOIUrl":"https://doi.org/10.1093/oso/9780198705932.003.0012","url":null,"abstract":"The general rule can be expressed as follows: a court must assess in a lump sum all past, present, and future loss resulting from the particular tort or breach of contract being sued for, because no damages can be later given for a cause of action on which judgment has already been given. The classic authority is Fitter v Veal, where the claimant had been awarded £11 damages against the defendant in an action for assault and battery. His injuries proved to be more serious than at first thought and he had to undergo an operation on his skull. It was held that he could not recover for this further loss in a new action.","PeriodicalId":273138,"journal":{"name":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125851115","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Introduction to compensatory damages 补偿性损害赔偿概论
Remedies for Torts, Breach of Contract, and Equitable Wrongs Pub Date : 2019-06-18 DOI: 10.1093/oso/9780198705932.003.0006
A. Burrows
{"title":"Introduction to compensatory damages","authors":"A. Burrows","doi":"10.1093/oso/9780198705932.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780198705932.003.0006","url":null,"abstract":"This chapter, by way of introduction to compensatory damages, looks at the different types of loss, the compensatory aims, and the theoretical underpinnings of compensation. It goes on to examine, albeit to reject, the thesis that the primary function of damages is not compensation but is rather to value the right infringed. It also examines the controversial view that a standard measure of damages is a non-compensatory cost of cure.","PeriodicalId":273138,"journal":{"name":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","volume":"54 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132871493","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Mental distress or physical inconvenience (except consequent on personal injury or death) 精神痛苦或身体不便(因人身伤害或死亡而造成的除外)
Remedies for Torts, Breach of Contract, and Equitable Wrongs Pub Date : 2019-06-18 DOI: 10.1093/oso/9780198705932.003.0018
A. Burrows
{"title":"Mental distress or physical inconvenience (except consequent on personal injury or death)","authors":"A. Burrows","doi":"10.1093/oso/9780198705932.003.0018","DOIUrl":"https://doi.org/10.1093/oso/9780198705932.003.0018","url":null,"abstract":"Mental distress covers, for example, disappointment, worry, anxiety, fear, upset, and annoyance. On the traditional approach taken by the courts, mental distress, along with ‘pain and suffering’ consequent on a personal injury and ‘bereavement’, compensated under the Fatal Accidents Act 1976, are the heads of non-pecuniary loss covering the claimant’s loss of happiness and distress in contrast to the other ‘objective’ non-pecuniary losses (such as ‘loss of amenity’ consequent on a personal injury and ‘loss of reputation’). On an alternative view, all non-pecuniary loss is regarded as ultimately dealing with distress or loss of happiness and ‘mental distress’ is seen as a residual head for distress not falling within any of the other heads.","PeriodicalId":273138,"journal":{"name":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133041718","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Limitation periods 限制时间
Remedies for Torts, Breach of Contract, and Equitable Wrongs Pub Date : 2019-06-18 DOI: 10.1093/oso/9780198705932.003.0021
A. Burrows
{"title":"Limitation periods","authors":"A. Burrows","doi":"10.1093/oso/9780198705932.003.0021","DOIUrl":"https://doi.org/10.1093/oso/9780198705932.003.0021","url":null,"abstract":"Although, strictly speaking, the law of limitation is separate from the law of remedies, the two are closely connected. Moreover, it has been said to be ‘… trite law that the English Limitation Acts bar the remedy and not the right’. It has therefore been thought helpful to include here a very brief outline of limitation periods for claims for damages, albeit with the warning that this chapter does not attempt to deal with all the details of the law.","PeriodicalId":273138,"journal":{"name":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123877853","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Pecuniary loss (except consequent on personal injury, death, or loss of reputation) 经济损失(因人身伤害、死亡或名誉损失造成的损失除外)
Remedies for Torts, Breach of Contract, and Equitable Wrongs Pub Date : 2019-06-18 DOI: 10.1093/oso/9780198705932.003.0014
A. Burrows
{"title":"Pecuniary loss (except consequent on personal injury, death, or loss of reputation)","authors":"A. Burrows","doi":"10.1093/oso/9780198705932.003.0014","DOIUrl":"https://doi.org/10.1093/oso/9780198705932.003.0014","url":null,"abstract":"Breach of contract damages are normally sought and awarded for this type of loss. It is therefore not surprising that there is a host of different ways of analysing and subdividing it. Here the approach adopted will be to divide between basic pecuniary loss, which will be primarily concentrated on, and which focuses on the benefit to which the claimant was contractually entitled and of which it has been wholly or partially deprived by the defendant’s breach, and additional pecuniary loss.","PeriodicalId":273138,"journal":{"name":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125592231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Punitive damages 惩罚性损害赔偿
Remedies for Torts, Breach of Contract, and Equitable Wrongs Pub Date : 2019-06-18 DOI: 10.1093/oso/9780198705932.003.0026
A. Burrows
{"title":"Punitive damages","authors":"A. Burrows","doi":"10.1093/oso/9780198705932.003.0026","DOIUrl":"https://doi.org/10.1093/oso/9780198705932.003.0026","url":null,"abstract":"Punitive or exemplary damages are damages whose purpose is to punish the defendant for his or her wrongful conduct. In Broome v Cassell Lord Hailsham said that he preferred the term ‘exemplary damages’ to ‘punitive damages’ as better expressing the policy of the law. English courts have subsequently followed Lord Hailsham’s preference. But in its Report on this area in 1997, the Law Commission recommended that the pre-Broome v Cassell terminology of ‘punitive damages’ was clearer and more straightforward and did not accept that this label deflected attention from the deterrence and disapproval aims of such damages. As the Law Commission said, ‘When one uses the term “punishment” in the criminal law, one does not thereby indicate that deterrence is not an important aim.’ Although nothing of substantive importance should turn on which label is adopted, the Law Commission’s approach is persuasive and the term ‘punitive damages’ is therefore preferred in this chapter and book.","PeriodicalId":273138,"journal":{"name":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134638251","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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