The book … is filled with brilliant insights and stimulating points.

- Giuseppe Portonera, European Review of Private Law

The book is a great contribution to the literature on private law remedies and will no doubt be read by everyone with an interest in the field.

- Kate de Contreras, King’s College London, Journal of Professional Negligence

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.
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INTRODUCTION
1. Punishment and Private Law
Wayne Courtney, National University of Singapore, and James Goudkamp, University of Oxford, UK
PART II
HISTORY, THEORY AND CONCEPTS
2. Punishment in Private Law – No Such Thing (Any More)
Kit Barker, University of Queensland, Australia
3. Punishment and Private Law: Some Comparative Observations
Solène Rowan, Australian National University
4. Privacy, Punishment and Private Law
Andrew Roberts, Melbourne Law School, Australia, and Megan Richardson, Melbourne Law School, Australia
5. Punishments and Penalties in Private Law, with Particular Reference to the Law Governing Fiduciaries
James Penner, National University of Singapore
6. The Ultimate Sanction: The Purpose and Role of Contempt in Private Law Litigation
David Rolph, Sydney Law School, Australia

PART III
PUNITIVE DAMAGES
7. Punitive Damages Transformed into Societal Damages
Catherine M Sharkey, New York University, USA
8. Punitive Damages: Ten Misconceptions
James Goudkamp, University of Oxford, UK, and Eleni Katsampouka, University of Oxford, UK
9. Exemplary Damages in Contract Law
Katy Barnett, Melbourne Law School, Australia
10. Effecting Deterrence through Proportionate Punishment: An Assessment of Statutory and General Law Principles
Elise Bant, University of Western Australia, and Jeannie Marie Paterson, Melbourne Law School, Australia
11. Vicarious Punishment: Vicarious Liability for Exemplary Damages?
Phillip Morgan, University of York, UK

PART IV
LIMITING PUNISHMENT
12. Agreed Punishment
Wayne Courtney, National University of Singapore
13. Controlling Private Punishment in Three Dimensions: Penalties and Forfeiture in England and Australia
Nicholas A Tiverios, University of Western Australia, and Ben McFarlane, University of Oxford, UK
14. Penalty in the Contract of Employment: The Good, the Bad (Leavers) and the Ugly
Mimi Zou, University of Reading, UK, and Hin Liu, University of Oxford, UK

PART V
CONCLUSION
15. Punishment and Private Law: Future Themes and Perspectives
Elise Bant, University of Western Australia, and Jeannie Marie Paterson, Melbourne Law School, Australia

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In this book lawyers from across the spectrum of the law (contract, tort, restitution) explore how private law punishes wrong doing.
Asks whether and how private law punishes

Unrivalled scholarship examining the fundamental doctrines and principles of private law.
This monograph series brings together in one place two types of book: works which examine in-depth the fundamental doctrines and principles of private law, and works which engage with the theoretical underpinnings of private law. The series thus aims to contribute to ever-evolving debates about the nature of private law such as problems of classification and taxonomy, remedies, the relationship with public law and the boundaries of private law generally.
The series includes, but is not confined to, works on contract, tort, unjust enrichment, equity, property and the conflict of laws, welcoming work which intersects with other fields of study to enable a deeper understanding of private law theory and practice.

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Produktdetaljer

ISBN
9781509949465
Publisert
2023-01-26
Utgiver
Bloomsbury Publishing PLC
Vekt
700 gr
Høyde
232 mm
Bredde
152 mm
Dybde
26 mm
Aldersnivå
U, 05
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
448

Biografisk notat

Elise Bant is Professor of Private Law and Commercial Regulation at The University of Western Australia and Professorial Fellow at Melbourne Law School.
Wayne Courtney is Professor of Law at the National University of Singapore.
James Goudkamp is Professor of the Law of Obligations at the University of Oxford.
Jeannie Marie Paterson is Professor of Law at Melbourne Law School.