This casebook compares remedial principles in the areas of tort, contract, and property, exploring both theory and practice. The first half of the book focuses on generally accepted principles and is organized around the three core types of remedy -- damages, equitable relief, and restitution. The second half of the book concentrates on the application of those general remedial principles in specific contexts and is organized around remedies for particular wrongs -- personal injury, invasion of property rights, fraud and misrepresentation, mistake, and breach of contract. This book also includes significant coverage of punitive and nonpecuniary damages, attorneys' fees and sanctions, tort reform, and equity and injunctions.
The Fourth Edition continues to reflect the major themes of the first three editions. The authors regularly compare and contrast remedies available for different types of wrongs (particularly tort and contract) and encourage inquiry into whether, and to what extent, there remain rational bases for differences that have their origins in history or categorization. The authors also continue the dual emphasis on theory and practice, and the inescapable relationship between the two. The Fourth Edition provides excellent vehicles for discussion of law reform as well as for careful consideration of counseling and litigation strategy. Also, this new edition continues to place some emphasis on, and to provide opportunities for evaluating, the application of principles of economic analysis to assist in the determination of remedial policy or outcomes.
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