This volume of essays is the end product of the Second International Symposium on the Law of Remedies, a joint undertaking of the Faculties of Law at the Universities of Windsor, Canada, and Auckland (Research Centre for Business Law), New Zealand. The symposium brought together scholars drawn from four continents, representing the major Commonwealth common law jurisdictions, as well as the United States and Ireland.
Collectively, the essays illustrate the breadth and depth of attention that is now accorded to the study of remedies throughout the common law world. The collection also demonstrates the value of fruitful exchanges across common law jurisdictions that have much to gain from learning of one another’s experiences, thereby enriching the body of knowledge for a system that is inherently built upon discrete and incremental case law.
Table of Contents
1 Remedies for Bad Behaviour in Canadian Contract Law
2 Reliance Damages for Breach of Contract
3 Fuller and Perdue’s Limitations: Opportunities, Performance, and Quantification
4 Damages for Breach of Contracts with Alternative Performances
Michael G. Pratt
5 Coherence, Non-Pecuniary Loss, and the Construction of Privacy
6 Beyond Dignity?
7 Redressing Dignitary Injuries and Non-economic Loss in Novel Torts: Challenges for the Law of Remedies
8 Holism and Harmony in the Law of Remedies
9 Remedies: The Key to the Common Law System?
10 Beyond Compensation: Apology as a Private Law Remedy
11 Remedies for Breaches of “Public” Obligations: The Equality Principle Meets the Welfare State and the New Constitutionalism
12 Addressing the Remedial Interests of Patients after an Adverse Event in Healthcare: The New Zealand Response
13 The Crown and Remedies
14 Remedies and Accountability for Unlawful Judicial Action in New Zealand: Could the Law be Tidier?
Bruce V. Harris
15 A Plea to Reject the United States Supreme Court’s Due-Process Review of Punitive Damages
16 Remedies for Breach of Fiduciary Duty in Joint Ventures
17 Mareva Orders in Globalized Litigation
18 Exporting Your Remedy: A Canadian Perspective on the Recognition and Enforcement of Monetary and Other Relief
H. Scott Fairley
19 Damages in Transnational Tort Litigation: Legislative Restrictions and the Substance/Procedure Distinction in Australian Conflict of Laws
20 The Globalization of Defamation
Russell L. Weaver & David F. Partlett
21 The Class Action as Sheriff: Private Law Enforcement and Remedial Roulette
22 Class Actions (Representative Proceedings) and the Exercise of the Cy-Pres Doctrine: Time for Improved Scrutiny