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Gain-Based Damages : Contract, Tort, Equity and Intellectual Property - James Edelman

Gain-Based Damages

Contract, Tort, Equity and Intellectual Property

Hardcover

Published: 19th April 2002
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This text considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits from the defendant's hands. The two different awards are based on different rationales. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms is demonstrated in cases in the areas of tort, contract, equitable wrongs and intellectual property wrongs.

...a thought-provoking account of an exceedingly difficult aspect of the law of remedies provides ample food for thought and deserves appropriate attention. Sarah Worthington, London School of Economics Trust Law International April 2002 ...the book is carefully cited and easily navigable it is worthy both as a guide for practitioners and resource for academics. the logic with which Dr Edelman presents his case for recognition of gain-based damages for civil wrongs is appealing. Each step in the argument follows convincingly from the previous one. And the force of recent case law, in particular the seminal House of Lords decision in Attorney-General v Blake (where disgorgement damages for breach of contract were awarded), only serves to strengthen the argument. Michael Rush, Magdalen College, Oxford Australian Bar Review November 2002

Index of Authorities
Table of Abbreviations
Introductionp. 1
The Nature of "Damages"p. 5
The Category of Civil Wrongsp. 25
Two Measures of Gain-Based Damagesp. 65
Tortsp. 113
Breach of Contractp. 149
Equitable Wrongsp. 191
Intellectual Property Wrongsp. 217
Conclusionsp. 243
Bibliographyp. 265
Indexp. 275
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841133348
ISBN-10: 1841133345
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 320
Published: 19th April 2002
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 24.3 x 16.3  x 2.5
Weight (kg): 0.65
Edition Number: 1