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.
Highlights in the third edition include recent developments regarding remedies for breach of contract with alternative modes of performance and wrongfully dismissed employees’ entitlement to discretionary benefits. There have been substantial revisions to chapters dealing with damages for personal injury, restitutionary remedies, certainty and causation, remoteness of damages, mitigation, and reasonableness of liquidated damages clauses.