Damages and Restitution in UK Law

  • Recovery of Compound Interest as Restitution or Damages
    • Nbr. 71-2, March 2008
    • The Modern Law Review
  • The Division of Marital Assets Following Divorce
    • Nbr. 25-3, September 1998
    • Journal of Law and Society
    In this paper, several possible bases for post‐divorce asset division are examined from an economics‐of‐law perspective, focusing in particular on the incentives for opportunistic behaviour set up ...
    ...... for opportunistic behaviour set up by the use of reliance, restitution, partnership, rehabilitation, and needs-based approaches. The current ...The paper explores the case for using an expectations-damages approach, given that this can deter opportunistic divorce. The conclusions ......
  • Pacta Sunt Servanda: Contrasting Disgorgement Damages with Efficient Breaches under Article 74 CISG
    • Nbr. 3, June 2018
    • LSE Law Review
    • Florence Eicher
    • LLM candidate, specialising in Competition, Innovation and Trade Law
    • 29-43
    The contractual remedy of disgorgement damages has increasingly gained acceptance in international legal practice. Disgorgement of profits can result from a situation in which contractual breach is...
    ...... . This paper will analyse how the remedy of restitutionary disgorgement damages could be granted under Article 74 CISG in cases of gain-seeking . ......
  • Index
    • Nbr. 61-6, November 1998
    • The Modern Law Review
    ......(1995) Final Report (1996) 382, 390 Aggravated, Exemplary and Restitutionary Damages, Law Commission Report (1997) 860 Cloning Issues in ......
  • REVISITING THE CONTRACTS SCHOLARSHIP OF STEWART MACAULAY. Eds Jean Braucher, John Kidwell and William C Whitford Oxford and Portland, Oregon: Hart Publishing (www.hartpub.co.uk), 2013. xiii + 443 pp. ISBN 9781849463010. £60.
    • Nbr. , September 2013
    • Edinburgh Law Review
    • 434-436
    ...... a party to a contract should in all cases be entitled to claim restitution of value conferred following a breach of contract by the other party; and ... gaining more by way of restitution than it would have by way of damages (under the latter remedy, the unfortunate outcome of a bad bargain would ......
  • Better than Fuller: A Two Interests Model of Remedies for Breach of Contract
    • Nbr. 78-2, March 2015
    • The Modern Law Review
    The attempt to combine the contractual interests properly so‐called with the restitution interest in the Fuller and Purdue three interests model of remedies for breach of contract is ineradicably i...
    ...... combine the contractual interests properly so-called with the restitution interest in the Fuller and Purdue three interests model of remedies for ... student William Perdue Jr on ‘The Reliance Interest in Contract Damages’. 4 Though my own understanding of remedies remains based on Fuller and ......
  • Reconsidering Disgorgement for Wrongs
    • Nbr. 62-2, March 1999
    • The Modern Law Review
    ...... and participants at the International Conference on the Law of Restitution, University of Tel Aviv, May 1998, for their thought-provoking comments on ...1 ‘Disgorgement’, rather than ‘restitutionary damages’, is used so as to better differentiate between this remedy and the ......
  • The Law Commission Report on Aggravated, Exemplary and Restitutionary Damages
    • Nbr. 61-6, November 1998
    • The Modern Law Review
  • Restitution upon Rescission for Breach of Contract, Mutuality, and Unjustified Enrichment: Lyle v Webster
    • Nbr. , May 2019
    • Edinburgh Law Review
    • 278-283
    ......The widow sought the return of her money by way of alternative claims: first, as damages for breach of three separate verbal (rather than implied) contracts in relation to, respectively, the accommodation, the transport services and the ......
  • Missing Reliance
    • Nbr. 63-6, November 2000
    • The Modern Law Review
    Book reviewed in this article: Andrew Burrows, Understanding the Law of Obligations: Essays on Contract,Tort and Restitution
    ...... the Law of Obligations: Essays on Contract, Tort and Restitution , Oxford: Hart Publishing, 1998, xxiv + 223, hb, £25.00. This is a ... his duty, whereas in fact the remedy is available only where damages are inadequate, which is plausibly understood to mean where actual ......
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