Category Archives: Remedies

Nuannuan Lin, ‘The Restorative Role of Apology in Resolving Medical Disputes: Lessons from Chinese Legal Culture’

Abstract This article is the first exploration of the Chinese notion of apology from a comparative legal perspective. By reviewing the significance of apology in the context of Chinese culture, the article presents a three-dimensional structure of apology that, in contrast to the understanding the research community now has, defines acknowledgement of fault, admission of […]

Jessica Palmer, ‘Unjust Enrichment, Proprietary Subrogation and Unsatisfactory Explanations’

Abstract While contractual subrogation is understood as a function of agreement or common intention between the relevant parties to assign rights, justifying non-contractual subrogation has proved more difficult. The dominant view appears to be that subrogation arises as a response to what would otherwise be an unjust enrichment and for which a proprietary remedy is […]

‘Apologies and Remedial Mismatches’

“While the context is admittedly horrific – victims of sexual abuse and the Catholic Church – data from the Netherlands, which in 2011 implemented a victim-friendly procedure for victims of sexual abuse by the Catholic Church, provide truly unique insights into ‘whether and how nonmonetary needs can be addressed within the context of tort law […]

Frederick Wilmot-Smith, ‘Termination after breach’

Introduction “Most contract textbooks and introductory courses discuss ‘termination for breach’. The orthodox view is that the first word of the label is misleading: the contract, it is said, does not come to an end following termination; instead, its primary obligations, through legal alchemy, transmute into secondary ones. The last two words, ‘for breach’, are […]

Dara and Moréteau, ‘The Interaction of Good Faith with Contract Performance, Dissolution, and Damages in the Louisiana Supreme Court’

Introduction “It is a general rule, in civil law jurisdictions, that contracts must be performed in good faith. However, the fundamental nature of the good faith principle remains a matter for scholarly debate. The case of Lamar Contractors, Inc v Kacco, Inc illustrates how the principle that all contracts must be performed in good faith […]

Perry and Kantorowicz-Reznichenko, ‘Income-Dependent Punitive Damages’

Abstract The Article unfolds in six parts. Part I outlines the development of the law governing punitive damages. Part II analyzes the possible rationales for this unique ‘middle-ground’ doctrine, focusing on deterrence and retribution. Part III considers whether the defendant’s wealth should be considered in assessing punitive damages in light of their underlying goals. Part […]

McLauchlan and Summers, ‘Mitigation and Causation of Benefits’

Abstract This article examines mitigation and the causation of benefits in the assessment of damages for breach of contract, following the UK Supreme Court’s decision in The New Flamenco [2017] UKSC 43. It clarifies the meaning and scope of ‘speculation’ reasoning, according to which a benefit (or harm) is said to be ignored in the […]

David Partlett, ‘Remedies for Breach of Privacy: A Study of a Different Hedgehog’

Abstract After examining the theoretical basis of American remedies law with its differences from, and similarities to, the theoretical foundations in other common law and civil law jurisdictions, the paper probes the remedies as shaped by the substantive interests of protection of property and the autonomy enhancing purposes of privacy protection. Each of the traditional […]

Edgar Aliferov, ‘The Role of Direct Injury Government Entity Lawsuits in the Opioid Litigation’

Abstract The opioid epidemic has ravaged the country, killing close to one hundred Americans daily and costing our nation upwards of $90 billion a year. All branches and levels of the government have pursued measures to combat the epidemic and reduce the societal costs of the crisis. Perhaps the most interesting response is the emergence […]

‘Why English courts are opening in the EU’

“It’s English law, in English – but the courtroom is in Paris. According to French reports, the new ‘international chamber’ is an attempt to capitalise on Brexit and steal London’s crown as a global hub for lucrative commercial legal disputes. Other English-language courts are popping up in the Netherlands, Germany and Belgium, with those behind […]