Search Results

In-Kind Remedies versus Monetary Remedies

Stephanie M. Stern and Daphna Lewinsohn-Zamir

in The Psychology of Property Law

All legal systems must design remedies for rights violations, including property rights. In this context, one of the most common choices is between monetary remedies and in-kind remedies. In reality, ... More

All legal systems must design remedies for rights violations, including property rights. In this context, one of the most common choices is between monetary remedies and in-kind remedies. In reality, monetary compensation is the most common form of redress for rights violations. This chapter questions the conventional wisdom that people are ordinarily indifferent between monetary and nonmonetary remedies, focusing on remedies relating to property. There is experimental evidence that people prefer in-kind remedies to monetary ones, even when the remedy concerns nonunique and easily replaceable assets. The chapter applies the psychological insights to remedies for wrongful interference with property, and to land use planning and expropriation of property.Less

Subrogation

Rob Merkin and Jenny Steele

in Insurance and the Law of Obligations

Explains the hidden significance of insurer subrogation for the law of obligations, explores its operation, and identifies how it may best be controlled. Argues that broadly contractual analysis ... More

Explains the hidden significance of insurer subrogation for the law of obligations, explores its operation, and identifies how it may best be controlled. Argues that broadly contractual analysis offers the most promising route for judicial control of subrogation remedies; and identifies the significance of party risk allocations. Explores the rationales for insurer subrogation and for the exclusion of life and personal injury policies; and explores the potential use of subrogation on the part of health insurers. Critically analyses the decision in Lister v Romford Ice and Cold Storage Ltd and explains why it should not be seen as authority for a proposed ‘orthodox’ view that insurance is irrelevant to analysis of rights between parties.Less

Remedies

Wacks Raymond

in Privacy and Media Freedom

The remedies available to a victim of misuse of private information are described, including interim, final, and so-called ‘super injunctions’ (and the subject of prior notification of an imminent ... More

The remedies available to a victim of misuse of private information are described, including interim, final, and so-called ‘super injunctions’ (and the subject of prior notification of an imminent publication of private information), as well as damages (including exemplary damages) are explained. The problem of ‘jigsaw identification’ is described, and the remedies provided by the Data Protection Act 1998 discussed. The remedies provided in the privacy codes of the media self-regulatory bodies are also considered.Less

The general powers of the Court

Winfried Tilmann

in Unified Patent Protection in Europe: A Commentary

The Court may impose such measures, procedures and remedies as are laid down in this Agreement and may make its orders subject to conditions, in accordance with the Rules of Procedure.

Introduction

Victor Joffe QC, David Drake, Giles Richardson, Daniel Lightman QC, and Timothy Collingwood

in Minority Shareholders: Law, Practice, and Procedure, Sixth Edition

Shareholders—the members of a company—associate on terms and subject to constraints (in part elective and bespoke, in part mandatory and of general application) set out in constitutional documents ... More

Shareholders—the members of a company—associate on terms and subject to constraints (in part elective and bespoke, in part mandatory and of general application) set out in constitutional documents such as the company’s articles of association and resolutions, in any separate agreements between the shareholders, and in relevant general law, whether statutory in origin, or derived from the principles of common law and equity. Less

Concluding Comments

James A. Gross

in Rights, Not Interests: Resolving Value Clashes under the National Labor Relations Act

The concluding chapter makes a number of points: the Act is not neutral, but is intended to promote and protect workers’ rights; the international community recognizes the freedom of association and ... More

The concluding chapter makes a number of points: the Act is not neutral, but is intended to promote and protect workers’ rights; the international community recognizes the freedom of association and collective bargaining as human rights; and calls for visionary thinking including elimination of employment at will, revamping law school education to connect with workplace realities, the Board to consider the perspectives of other legal systems around the world, consideration of the U.S. Constitution as a source of workers’ rights, and abandonment of the pluralist values which would transform workers’ rights into workers’ interests–self-interested, economic activity no different than business activity.Less

‘Waiters on Chance’: The Tichborne Claimant, Land Law Reform and Rural Dispossession

Trish Ferguson

in Thomas Hardy's Legal Fictions

This chapter examines Thomas Hardy’s legal fiction in relation to the politics of land law reform and inheritance plots. More specifically, it looks at the increasing agitation for more democratic ... More

This chapter examines Thomas Hardy’s legal fiction in relation to the politics of land law reform and inheritance plots. More specifically, it looks at the increasing agitation for more democratic landholding laws that coincided with the debate over extension of suffrage. It considers the Tichborne trial, an inheritance dispute and the class tensions over landholding rights, and how Hardy takes up sensation fiction’s preoccupation with property law to tackle criminal imposture as well as illicit attempts to acquire property. The chapter discusses Hardy’s novel Desperate Remedies to highlight the power wielded by the aristocracy over those with insecure land tenure.Less

Remedies for Breach of Contract in Thai Law

Munin PONGSAPAN

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

The provisions of the Thai Civil and Commercial Code (TCCC), embodying the rules on remedies for breach of contract, were entirely borrowed from foreign legal systems, mainly German and Japanese law. ... More

The provisions of the Thai Civil and Commercial Code (TCCC), embodying the rules on remedies for breach of contract, were entirely borrowed from foreign legal systems, mainly German and Japanese law. This transplantation was rather hasty and uncritical, with the unfortunate result of theoretical and practical disorientation. This is well illustrated by the problems concerning the availability of specific performance and damages; although most Thai writers maintain that specific performance is the primary remedy for breach of contract, sections 213 and 215 of the TCCC give the creditor the concurrent right to choose between specific performance and damages. Similarly, the judicial position as to the primacy of specific performance is enigmatic. This article explores the positive rules of remedies for breach of contract in Thai law through the lens of legal transplantation in order to provide a better understanding of their fundamental unresolved problems.Less