The law of judicial remedies, which includes the law of damages, ranges over the entire field of substantive private law, including the law of contract, tort, and property. In a pragmatic sense, an examination of the issue of remedies is crucial to civil litigators in that it provides critical insights into specific legal rules and arrangements. From a theoretical perspective, an understanding of the principles governing the choice of remedies and the methods of quantifying damages reveals much about the nature of the common law process. Remedies: The Law of Damages is both a succinct handbook for the practitioner and a rich entry point to the study of judge-made law.

Unlike other texts, this book takes a functional and interest-based approach to the subject. The book is organized not so much according to whether the cause of action is in tort or contract, but rather according to the remedial purposes pursued and the interests at stake. Part One of the book deals with compensation, providing separate chapters that focus on the way in which courts treat different interests: economic, proprietary, physical, and intangible. Part Two describes the function of other non-compensatory damages such as restitutionary, punitive, and nominal damages. In both cases the authors explain when a particular remedy is most appropriate and how that remedy is formulated and applied once chosen. Part Three of the book looks at the limiting or balancing principles that protect the defendant from undue liability, including rules regarding proof and certainty, remoteness, mitigation of damages, and judicial oversight of remedy stipulation.

The second edition incorporates many new cases that have affirmed, clarified, or changed the law on damages. Examples include Whiten v. Pilot Insurance and Fidler v. Sun Life Co. of Canada on availability of non-pecuniary damages for breach of contract; Bank of America Canada v. Mutual Trust on restitutionary remedies for breach of contract; Resurfice Corp. v. Hanke on causation; and M.B. v. British Columbia on deductibility of welfare benefits. Developments in English law have also been noted; Cases include Fairchild v. Glenhaven Funeral Services, Barker v. Corus, and Lagden v. O'Connor.

Summary Table of Contents

Acknowledgments
CHAPTER 1: Introduction

PART ONE: COMPENSATORY DAMAGES
CHAPTER 2: Compensation for Harm to Economic Interests
CHAPTER 3: Compensation for Harm to Property Interests
CHAPTER 4: Compensation for Personal Injury
CHAPTER 5: Compensation for Death
CHAPTER 6: Compensation for Harm to Intangible Interests: Non-Pecuniary and Aggravated Damages

PART TWO: NON-COMPENSATORY DAMAGES
CHAPTER 7: Awards Measured by Benefit: Restitution
CHAPTER 8: Punitive Damages
CHAPTER 9: Nominal Damages and Contemptuous Damages

PART THREE: LIMITING PRINCIPLES
CHAPTER 10: Certainty and Causation
CHAPTER 11: Remoteness of Damages
CHAPTER 12: Mitigation, Avoided Loss, and Time of Assessment
CHAPTER 13: Deductions from Damages: Collateral Benefits
CHAPTER 14: Judicial Oversight of Remedy Stipulation

Table of Cases
Index