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Compensation

Solène Rowan

in Remedies for Breach of Contract: A Comparative Analysis of the Protection of Performance

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199606603
eISBN:
9780191738722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606603.003.0004
Subject:
Law, Company and Commercial Law

The focus of this chapter is on the exploration of some central aspects of the law of damages which shed light on the degree to which the performance interest is protected in English law. The ... More


Aspects of Damages and Costs

Dario Milo

in Defamation and Freedom of Speech

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199204922
eISBN:
9780191709449
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204922.003.0007
Subject:
Law, Law of Obligations, Human Rights and Immigration

This chapter discusses a number of issues relating to damages awards in defamation law, specifically, the presumption that the claimant has suffered damage to his reputation, the availability of ... More


Injustices

Stephen A. Smith

in Rights, Wrongs, and Injustices: The Structure of Remedial Law

Published in print:
2019
Published Online:
January 2020
ISBN:
9780199229772
eISBN:
9780191843839
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199229772.003.0008
Subject:
Law, Law of Obligations

Chapter 8 explores the most controversial of the three private law causes of action discussed in the book: injustices. For the purposes of remedial law, an injustice is, roughly, an unfair loss or ... More


Gain-Based Damages and Compensation

James Edelman

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0009
Subject:
Law, Human Rights and Immigration, Philosophy of Law

The chapter focuses on gain-based damages for wrongs and their relation to compensation. It argues that ‘damages’ simply means a money award for a wrong; that recent cases have continued to recognize ... More


PROPORTIONALITY PRINCIPLES IN THE COMMON LAW OF DAMAGES

E. Thomas Sullivan and Richard S. Frase

in Proportionality Principles in American Law: Controlling Excessive Government Actions

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195324938
eISBN:
9780199869411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195324938.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines the development of proportionality principles in the common law limitations on compensatory damages in contract and tort. First, the rule of foreseeable damages and its ... More


Wrongs

Stephen A. Smith

in Rights, Wrongs, and Injustices: The Structure of Remedial Law

Published in print:
2019
Published Online:
January 2020
ISBN:
9780199229772
eISBN:
9780191843839
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199229772.003.0007
Subject:
Law, Law of Obligations

Chapter 7 examines remedies issued in response to wrongs. Some writers assume that all remedies are responses to wrong; others argue for the opposite conclusion. This chapter defends a mid-way ... More


Damages in Sexual Harassment Cases

Cass R. Sunstein and Judy M. Shih

in Directions in Sexual Harassment Law

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300098006
eISBN:
9780300135305
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300098006.003.0021
Subject:
Law, Employment Law

This chapter attempts to make some progress on the questions regarding damages in sexual harassment through some descriptive and empirical claims. The basic finding is that people, including jurors, ... More


The Further Travails of Duress

Ewan McKendrick

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0011
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter examines three aspects of duress. The first is the circumstances in which duress will suffice to entitle a party to set aside a contract and recover a benefit which has been conferred on ... More


Death, Happiness, and the Calculation of Compensatory Damages

Andrew J. Oswald and Nattavudh Powdthavee

in Law and Happiness

Published in print:
2010
Published Online:
February 2013
ISBN:
9780226676005
eISBN:
9780226676029
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226676029.003.0009
Subject:
Economics and Finance, Behavioural Economics

This chapter presents a study of the mental distress caused by bereavement. The greatest emotional losses are from the death of a spouse, the second greatest from the death of a child, and the third ... More


Causation, Compensation, and Moral Responsibility

CHRISTOPHER H. SCHROEDER

in The Philosophical Foundations of Tort Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.003.0016
Subject:
Law, Philosophy of Law

This chapter concentrates on causation and the justification of the role that it plays in tort law. There is near universal agreement that that role is pivotal: however, if the sphere of appropriate ... More


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