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ISBN 10: 1509939172
ISBN 13: 9781509939176
Author: Elise Bant, Wayne Courtney, James Goudkamp, Jeannie Paterson
Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.
PART I: INTRODUCTION
1. Punishment and Private Law
PART II: HISTORY, THEORY AND CONCEPTS
2. Punishment in Private Law – No Such Thing (Any More)
3. Punishment and Private Law: Some Comparative Observations
4. Privacy, Punishment and Private Law
5. Punishments and Penalties in Private Law, with Particular Reference to the Law Governing Fiduciaries
6. The Ultimate Sanction: The Purpose and Role of Contempt in Private Law Litigation
PART III: PUNITIVE DAMAGES
7. Punitive Damages Transformed into Societal Damages
8. Punitive Damages: Ten Misconceptions
9. Exemplary Damages in Contract Law
10. Effecting Deterrence through Proportionate Punishment: An Assessment of Statutory and General Law Principles
11. Vicarious Punishment: Vicarious Liability for Exemplary Damages?
PART IV: LIMITING PUNISHMENT
12. Agreed Punishment
13. Controlling Private Punishment in Three Dimensions: Penalties and Forfeiture in England and Australia
14. Penalty in the Contract of Employment: The Good, the Bad (Leavers) and the Ugly
PART V: CONCLUSION
15. Punishment and Private Law: Future Themes and Perspectives
Index
Copyright Page
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Tags: Elise Bant, Wayne Courtney, James Goudkamp, Jeannie Paterson, Punishment, Private
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