Gain-Based Damages: Contract, Tort, Equity and Intellectual Property

Author: James Edelman
Published: April 2002
Publisher: Hart Publishing
ISBN: 1841133345
Hardcover Book
Number of Pages: 288

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Edelman (U. of Western Australia) explores restitutionary damages and disgorgement damages as two particular monetary remedies given in response to wrongdoing that are measured by the gain or benefit to the defendant wrongdoer rather than by the loss to the claimant victim. He argues that they are legitimate responses in cases of torts, breach of contract, equitable wrongs, and intellectual property wrongs. The study is revised from his 2000 doctoral dissertation for the University of Oxford. Distributed in the US by ISBS.

Table of Contents
Index of Authorities
Table of Abbreviations
Introduction 1
1 The Nature of "Damages" 5
2 The Category of Civil Wrongs 25
3 Two Measures of Gain-Based Damages 65
4 Torts 113
5 Breach of Contract 149
6 Equitable Wrongs 191
7 Intellectual Property Wrongs 217
8 Conclusions 243
Bibliography 265
Index 275

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