Pub Date : 2019-06-18DOI: 10.1093/oso/9780198705932.003.0015
A. Burrows
Personal injury includes disease and physical illness as well as, for example, cuts, bruises, broken bones, loss of limbs or loss of the use of limbs, blindness, deafness, and brain damage. Recognised psychiatric illnesses are included. Damages have also been awarded for the physical and mental effects of a rape or sexual assault.
{"title":"Personal injury losses","authors":"A. Burrows","doi":"10.1093/oso/9780198705932.003.0015","DOIUrl":"https://doi.org/10.1093/oso/9780198705932.003.0015","url":null,"abstract":"Personal injury includes disease and physical illness as well as, for example, cuts, bruises, broken bones, loss of limbs or loss of the use of limbs, blindness, deafness, and brain damage. Recognised psychiatric illnesses are included. Damages have also been awarded for the physical and mental effects of a rape or sexual assault.","PeriodicalId":273138,"journal":{"name":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126381374","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-18DOI: 10.1093/oso/9780198705932.003.0025
A. Burrows
In this book we are concerned with only a part of the law of restitution, namely restitutionary remedies—that is, remedies reversing gains—for a tort or breach of contract (or, in chapter 26, for an equitable wrong). We are, in other words, concerned with restitution for wrongs and not restitution of an unjust enrichment.
{"title":"Restitutionary remedies (for torts and breach of contract)","authors":"A. Burrows","doi":"10.1093/oso/9780198705932.003.0025","DOIUrl":"https://doi.org/10.1093/oso/9780198705932.003.0025","url":null,"abstract":"In this book we are concerned with only a part of the law of restitution, namely restitutionary remedies—that is, remedies reversing gains—for a tort or breach of contract (or, in chapter 26, for an equitable wrong). We are, in other words, concerned with restitution for wrongs and not restitution of an unjust enrichment.","PeriodicalId":273138,"journal":{"name":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123890590","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-18DOI: 10.1093/oso/9780198705932.003.0002
A. Burrows
The concept of a remedy has rarely been subjected to rigorous analysis. Views may differ as to precisely what one is talking about. In this book, a remedy is used to denote the relief that a person can seek from a court. The focus is therefore entirely on judicial remedies; and not on what are sometimes termed ‘self-help’ remedies, which are available without coming to court, such as out of court settlements, termination of a contract, and the ejection of trespassers. Put another way, this book examines what a person can obtain from a court to counter an infringement (or threatened infringement) of his or her rights by a tort or breach of contract (or, in chapter 26, by an equitable wrong); but it is not concerned with any other legally permissible options open to a person to counter such an infringement.
{"title":"General","authors":"A. Burrows","doi":"10.1093/oso/9780198705932.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780198705932.003.0002","url":null,"abstract":"The concept of a remedy has rarely been subjected to rigorous analysis. Views may differ as to precisely what one is talking about. In this book, a remedy is used to denote the relief that a person can seek from a court. The focus is therefore entirely on judicial remedies; and not on what are sometimes termed ‘self-help’ remedies, which are available without coming to court, such as out of court settlements, termination of a contract, and the ejection of trespassers. Put another way, this book examines what a person can obtain from a court to counter an infringement (or threatened infringement) of his or her rights by a tort or breach of contract (or, in chapter 26, by an equitable wrong); but it is not concerned with any other legally permissible options open to a person to counter such an infringement.","PeriodicalId":273138,"journal":{"name":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122967588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-18DOI: 10.1093/oso/9780198705932.003.0028
A. Burrows
The award of an agreed sum is a remedy which protects the promisee’s expectations by enforcing the defendant’s contractual promise to pay a sum of money. As such, its justification ultimately rests on the morality of promise-keeping. The remedy can be regarded as a hybrid, being like damages in that it is common law and monetary but like specific performance in that its function is to compel performance of a positive contractual obligation.
{"title":"The award of an agreed sum","authors":"A. Burrows","doi":"10.1093/oso/9780198705932.003.0028","DOIUrl":"https://doi.org/10.1093/oso/9780198705932.003.0028","url":null,"abstract":"The award of an agreed sum is a remedy which protects the promisee’s expectations by enforcing the defendant’s contractual promise to pay a sum of money. As such, its justification ultimately rests on the morality of promise-keeping. The remedy can be regarded as a hybrid, being like damages in that it is common law and monetary but like specific performance in that its function is to compel performance of a positive contractual obligation.","PeriodicalId":273138,"journal":{"name":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123392174","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-18DOI: 10.1093/oso/9780198705932.003.0030
A. Burrows
An injunction is an equitable remedy available for torts and breach of contract (and equitable wrongs) as well as being available in other situations outside the scope of this book. The approach adopted in this chapter will be to introduce briefly in this section the three important pairs of contrasting injunctions before going on in the next sections to examine in depth the principles governing the grant of each of the main types of injunction along with the function each performs as a remedy for torts and breach of contract. Although not an injunction, the final section of this chapter is considered the most appropriate place in this book to consider the remedy of the appointment of a receiver (and manager).
{"title":"Injunctions","authors":"A. Burrows","doi":"10.1093/oso/9780198705932.003.0030","DOIUrl":"https://doi.org/10.1093/oso/9780198705932.003.0030","url":null,"abstract":"An injunction is an equitable remedy available for torts and breach of contract (and equitable wrongs) as well as being available in other situations outside the scope of this book. The approach adopted in this chapter will be to introduce briefly in this section the three important pairs of contrasting injunctions before going on in the next sections to examine in depth the principles governing the grant of each of the main types of injunction along with the function each performs as a remedy for torts and breach of contract. Although not an injunction, the final section of this chapter is considered the most appropriate place in this book to consider the remedy of the appointment of a receiver (and manager).","PeriodicalId":273138,"journal":{"name":"Remedies for Torts, Breach of Contract, and Equitable Wrongs","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125832428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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