3rd edition (New edition)

Remedies 3/e

The Law of Damages


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.

Table of Contents

Chapter 1: Introduction

Part One: Compensatory Damages
Chapter 2: Compensation for Harm to Economic Interests
Chapter 3: Compensation for Harm to Property Interests
Chapter 4: Compensation for Personal Injury
Chapter 5: Compensation for Death
Chapter 6: Compensation for Harm to Intangible Interests: Non-pecuniary and Aggravated Damages

Part Two: Non-compensatory Damages
Chapter 7: Awards Measured by Benefit: Restitution
Chapter 8: Punitive Damages
Chapter 9: Nominal Damages and Contemptuous Damages

Part Three: Limiting Principles
Chapter 10: Certainty and Causation
Chapter 11: Remoteness of Damages
Chapter 12: Mitigation, Avoided Loss, and Time of Assessment
Chapter 13: Deductions from Damages: Collateral Benefits
Chapter 14: Judicial Oversight of Remedy Stipulation

Of interest...