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RDG
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It's just published - I have received my copy today.
Congratulations to Jamie.
From Hart Publishing's
website:
Gain-Based Damages - Contract, Tort, Equity and Intellectual
Property On July 27, 2000 the House of Lords delivered a decision
where, for the first time in English law, it explicitly recognised that
damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s
gain rather than a claimant's loss. The circumstances in which such gain-based
damages might be available were left for development incrementally. This
book considers the nature of gain-based damages and explains when they
have historically been available and why, and provides a framework for
appreciating the operation of such damages awards. The first part of the
book justifies the existence of these damages, which focus upon a defendant
wrongdoer's gain made as a result of a civil wrong, explaining the nature
and need for such a remedy and the scope of civil wrongs. The core thesis
of the book is that two different forms of such gain-based damages exist:
the first is concerned with restitution of a defendant's gains wrongfully
transferred from a claimant; the second is concerned only with stripping
profits from the defendant's hands. Once these two gain-based damages
awards are separated they can be shown to be based upon different rationales
and the basis for their availability can be easily understood. The second
part of the book considers and applies this approach, demonstrating its
operation throughout the cases of civil wrongs. The operation of the two
forms of gain-based damages is demonstrated in cases in the area of tort
(chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual
property wrongs (chapter 7). It is shown that these gain-based damages
awards have long been available in these areas and their operation has
conformed to clear principle. The difficulty that has obscured the principle
is the nomenclature which has hidden the true gain-based nature of many
of these damages awards.
At 11:35 16/04/02 +0100, Bernard Stebbings wrote:
I have heard that James Edelman has
written a book on Gain based damages which should be out soon. Does
anyone have any firm info on when it is due. Many thanks, Bernard
Steve Hedley
============================================= ansaphone : +44 1223 334931 Christ's College Cambridge CB2 3BU <== Previous message Back to index Next message ==> |
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