Law : Contracts

'Restitution for wrongs', or 'restitutionary damages', is the judicial award which compels the wrongdoer to give up to the victim the benefit obtained through the perpetration of the wrong, independently of any loss suffered by the victim. The establishment of a civil trial in Roman law, which left compensation as the main response, and a widespread, loss-centred interpretation of the Aristotelian theory of corrective justice explain, but do not justify the difficulties encountered by modern attempts to account for restitutionary damages. Mistakes in the classification of this institution have complicated the picture. To overcome some of these problems, this study considers the basic structure of restitutionary damages from different angles. In part one, the topic is analysed from a comparative perspective. Although the focus remains on English law, the German, the Italian and the Roman jurisdictions provide research data which, in part two, support the development of a theory of restitution for wrongs as corrective justice. more...

Price: $105.00

Considers gain-based damages and explains when they have been available and why, and provides a framework for appreciating their operation. It identifies two forms of these damages, the return of a defendant's gains wrongfully transferred from a claimant and stripping profits from the defendant. more...

Price: $96.00

This volume covers the Symposium on Good Faith in Contract and Property Law held at Aberdeen University in October 1998. It reflects on good faith from the perspective of a mixed legal system (Scots Law), and on good faith from an English and European perspective. more...

Price: $120.00

This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to the these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analysed and comprehended. more...

Price: $78.00

This book examines the challenges presented to the law by information technology. It deals with exciting developments in such areas as criminal law,tort, contract and intellectual property law, which have occurred in response to developments in technology. This second edition encompasses discussion of e-commerce and internet regulation, and a deeper consideration of its effect on individual human rights such as privacy and freedom of expression is given. While the book is aimed at undergraduate and postgraduate students studying information technology law, it will also be of interest to practitioners and others whose business relies on modern information technology. more...

Price: $68.00