Gain-Based Damages: Contract, Tort, Equity and Intellectual PropertyBloomsbury Publishing, 19 באפר׳ 2002 - 320 עמודים 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. |
מתוך הספר
תוצאות 1-5 מתוך 41
עמוד
... transfer of contractual rights (b) Examples of restitutionary damages (c) Cases of “expense saved” (d) Measuring the contractual value transferred 2) Restitutionary damages in the Blake case 3) Restitutionary damages in the United ...
... transfer of contractual rights (b) Examples of restitutionary damages (c) Cases of “expense saved” (d) Measuring the contractual value transferred 2) Restitutionary damages in the Blake case 3) Restitutionary damages in the United ...
עמוד
... transfer of value and not limited by any possible value transferred. In proving the thesis that two forms of gain-based damages exist there are several hurdles that have to be overcome. The first is the view that remedies for wrongs can ...
... transfer of value and not limited by any possible value transferred. In proving the thesis that two forms of gain-based damages exist there are several hurdles that have to be overcome. The first is the view that remedies for wrongs can ...
עמוד
... transfers of value from a claimant to a defendant. Once a transfer of value is found to be wrongful a natural monetary response should be to reverse that transfer and restitutionary damages should be generally available. Restitutionary ...
... transfers of value from a claimant to a defendant. Once a transfer of value is found to be wrongful a natural monetary response should be to reverse that transfer and restitutionary damages should be generally available. Restitutionary ...
עמוד
... transfer”):64 “The principle [of unjust enrichment] requires at least that ... value (a personal restitutionary award). . . [the function] is to ensure ... transfer of value from a claimant to a defendant. It will be seen that this is a ...
... transfer”):64 “The principle [of unjust enrichment] requires at least that ... value (a personal restitutionary award). . . [the function] is to ensure ... transfer of value from a claimant to a defendant. It will be seen that this is a ...
עמוד
... value. In cases of awards which operate to strip profits, the term “disgorgement” should be used. The “principle ... transfer of value from the claimant.83 The profit made by the defendant is a different measure from the value ...
... value. In cases of awards which operate to strip profits, the term “disgorgement” should be used. The “principle ... transfer of value from the claimant.83 The profit made by the defendant is a different measure from the value ...
מהדורות אחרות - הצג הכל
Gain-Based Damages: Contract, Tort, Equity and Intellectual Property <span dir=ltr>James Edelman</span> תצוגה מקדימה מוגבלת - 2002 |
Gain-Based Damages: Contract, Tort, Equity and Intellectual Property <span dir=ltr>James Edelman</span> אין תצוגה מקדימה זמינה - 2002 |
מונחים וביטויים נפוצים
account of profits action in unjust argued Attorney award of restitutionary Blake above note breach of contract breach of duty breach of fiduciary cause of action claim claimant Clarendon Press Oxford common law compensation compensatory damages considered Court of Appeal damages and disgorgement damages award defendant defendant’s deterrence disgorgement damages dishonest efficient breach equitable wrongs equity exemplary damages fiduciary duty fraud gain-based damages Homfray House of Lords injunction innocent knowing assistance knowing receipt Law of Restitution law of unjust law of wrongs legitimate interest liability Lloyds Rep Lord Goff Lord Nicholls loss Ltd above note market value Maxwell London measure Millett misrepresentation patent plaintiff principle proprietary award recognised remedy requirement rescission restitutionary damages reverse text accompanying note tort trade mark infringement transaction transfer of value trespass unjust enrichment value transferred wrongdoing