Remedies in Contract and Tort

Remedies is one of the key organizing concepts of the obligations approach to the common law.

Remedies is the subject of increasing academic interest. It is one of the key organising concepts of the obligations approach to the common law, the pre-eminent approach in law schools, now officially sanctioned by the Law Society. This second edition modernizes the first edition quite considerably. This work determines the place of remedies in contract and tort within the current debate about the reform of the common law obligation.

Preface; Table of statutes; Table of cases; Part I: Remedies for Unfulfilled Contractual Undertakings: 1. Introduction: the function and structure of remedies for failure to perform a contractual obligation; Section 1. First-Step Remedies: 2. Forebearance, alternative dispute resolution and settlement; 3. Self-help; 4. Consumer protection; Section 2. Compensation: 5. The protected contractual interests; 6. Remoteness; 7. Mitigation; 8. Reliance expenditure; 9. Pre-estimated damages; Section 3. Literal Enforcement: 10. Introduction; 11. Claims in debt; 12. Specific performance; 13. Injunctions; 14. Performance by a substitute; 15. Appraisal of literal enforcement; Section 4. Restitution: 16. Existing forms of restitution; 17. The expansion of restitution; Part II. Tort: Remedies for Wrongdoing: Section 5. General Issues in Tort Remedies: 18. Objectives of the law; 19. Causation, mitigation and contributory negligence; 20. Remoteness; 21. Self-help; Section 6. Compensation for Personal Injuries and Death: 22. Personal injury damages: the formal law; 23. Damages upon death; 24. The damages system in practice; Section 7. Protecting Property and Financial Interests: 25. Interference with the enjoyment of land: private nuisance; 26. Protecting the right to occupy or use land; 27. Protecting the right to use chattels; 28. Protecting financial interests; Part III. Common Issues: 29. Concurrent liability in contract and tort; 30. Exemplary damages; 31. Interim protection; 32. Time limits for claims; Index.

Remedies is one of the key organizing concepts of the obligations approach to the common law. This second edition modernizes the former 1995 edition quite considerably. It determines the place of remedies in contract and tort within the debate about the reform of the common law obligation.