Remedies in Contract and Tort [Paperback]

Remedies is one of the key organizing concepts of the obligations approach to the common law.Remedies is one of the key organizing concepts of the obligations approach to the common law. This second edition modernizes the former 1995 edition quite considerably. It determines the place of remedies in contract and tort within the debate about the reform of the common law obligation.Remedies is one of the key organizing concepts of the obligations approach to the common law. This second edition modernizes the former 1995 edition quite considerably. It determines the place of remedies in contract and tort within the debate about the reform of the common law obligation.Remedies is the subject of increasing academic interest. It is one of the key organising concepts of the obligations approach to the common law, the pre-eminent approach in law schools, now officially sanctioned by the Law Society. This second edition modernizes the first edition quite considerably. This work determines the place of remedies in contract and tort within the current debate about the reform of the common law obligation.Preface; Table of statutes; Table of cases; Part I: Remedies for Unfulfilled Contractual Undertakings: 1. Introduction: the function and structure of remedies for failure to perform a contractual obligation; Section 1. First-Step Remedies: 2. Forebearance, alternative dispute resolution and settlement; 3. Self-help; 4. Consumer protection; Section 2. Compensation: 5. The protected contractual interests; 6. Remoteness; 7. Mitigation; 8. Reliance expenditure; 9. Pre-estimated damages; Section 3. Literal Enforcement: 10. Introduction; 11. Claims in debt; 12. Specific performance; 13. Injunctions; 14. Performance by a substitute; 15. Appraisal of literal enforcement; Section 4. Restitution: 16. Existing forms of restitution; 17. The expansion of restitution; Part II. Tort: Remedies for Wrongdoing: Section 5. General Issues in Tort Remedies: 18. Objectives of the law; 19. Causation,l£·