The Law of Remedies

New Directions in the Common Law


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
Robert Sharpe

2 Reliance Damages for Breach of Contract
David McLauchlan 

3 Fuller and Perdue’s Limitations: Opportunities, Performance, and Quantification
Maree Chetwin

4 Damages for Breach of Contracts with Alternative Performances
Michael G. Pratt

5 Coherence, Non-Pecuniary Loss, and the Construction of Privacy
Michael Tilbury

6 Beyond Dignity?
Grant Hammond

7 Redressing Dignitary Injuries and Non-economic Loss in Novel Torts: Challenges for the Law of Remedies
Penelope Watson

8 Holism and Harmony in the Law of Remedies
Ken Cooper-Stephenson

9 Remedies: The Key to the Common Law System?
Steve Hedley

10 Beyond Compensation: Apology as a Private Law Remedy
Robyn Carroll

11 Remedies for Breaches of “Public” Obligations: The Equality Principle Meets the Welfare State and the New Constitutionalism
Geoff McLay

12 Addressing the Remedial Interests of Patients after an Adverse Event in Healthcare: The New Zealand Response
Joanna Manning

13 The Crown and Remedies
David Wright

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
Doug Rendleman

16 Remedies for Breach of Fiduciary Duty in Joint Ventures
Jessica Palmer

17 Mareva Orders in Globalized Litigation
David Capper

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
Gary Davis

20 The Globalization of Defamation
Russell L. Weaver & David F. Partlett

21 The Class Action as Sheriff: Private Law Enforcement and Remedial Roulette
Peta Spender

22 Class Actions (Representative Proceedings) and the Exercise of the Cy-Pres Doctrine: Time for Improved Scrutiny
Jeff Berryman

Of interest...