دانلود کتاب Remedies (Bar Manuals)

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Cover
FOREWORD
GUIDE TO USING THIS BOOK
OUTLINE CONTENTS
DETAILED CONTENTS
TABLE OF CASES
TABLE OF Legislation
TABLE OF RULES AND REGULATIONS
1 Introduction
1.1 Role and context of remedies
1.2 Classifying remedies
1.3 Further sources of information
2 Who to sue?
2.1 Introduction
2.2 Legal personality
2.3 Business associations
3 Liability for breach of contract
3.1 Introduction
3.2 Preliminary issues
4 Liability in tort
4.1 Introduction
4.2 Negligence
4.3 Other important or current topics under the general heading of negligence
4.4 Occupiers’ liability
4.5 Breach of statutory duty
5 Damages in contract
5.1 The legal remedy: damages
5.2 When can loss of profit be claimed?
5.3 Can incidental losses be included in the assessment of damages?
5.4 When can damages be obtained for loss of reputation?
5.5 When can damages be obtained for distress and disappointment?
5.6 Exemplary or punitive damages
5.7 When are damages assessed?
5.8 Taxation of damages
5.9 Limitations on compensatory damages
5.10 Other remedies
6 Damages in tort
6.1 Liability
6.2 Quantum of damages
6.3 Reduction of damages
6.4 Exemplary damages
6.5 Aggravated damages
7 Liability and damages for misrepresentation
7.1 General
7.2 What makes a misrepresentation actionable?
7.3 The causes of action available
7.4 Damages
7.5 Rescission
7.6 Contributory negligence
7.7 Exclusion of liability for misrepresentation
8 Equitable remedies in contract
8.1 Introduction
8.2 Specific performance
8.3 Rescission
8.4 Rectification
8.5 Account of profits
9 Injunctions
9.1 Introduction
9.2 Prohibitory and mandatory injunctions
9.3 Final and interim injunctions
9.4 Injunction for breach of contract
9.5 The grant of an injunction
9.6 Back-door specific performance
9.7 Injunctions in tort
9.8 Interim injunctions
10 Bailment and interference
10.1 Definition
10.2 When does bailment arise?
10.3 Classification
10.4 Torts (Interference with Goods) Act 1977
10.5 Exercises
11 Quantum of damages for personal injury
11.1 The barrister’s involvement
11.2 The law
11.3 Basic principles
11.4 Two broad heads of damages
11.5 Provisional damages
11.6 Quantification of damages—introduction
11.7 Stage 1: quantify special damages
11.8 Stage 2: quantify general damages
11.9 Heads 1 and 2: pain and suffering and loss of amenity
11.10 Head 3: future loss of earnings
11.11 Head 4: loss of earning capacity
11.12 Head 5: loss of pension rights
11.13 Head 6: future expenses
11.14 Stage 3: make any necessary deductions
11.15 Stage 4: contributory negligence
11.16 Stage 5: add interest
11.17 Recovery of benefits
11.18 Other ways of quantifying damages
11.19 Structured settlements
12 Quantum of damages for a fatal accident
12.1 Rights of claim
12.2 Quantification of damages under LR(MP)A 1934
12.3 Quantification of damages under FAA 1976
12.4 Stage 1: calculate the pre-trial loss
12.5 Stage 2: assess the future loss
12.6 Stage 3: add lump sums
12.7 Stage 4: add bereavement
12.8 Stage 5: contributory negligence
12.9 Stage 6: add interest
12.10 Stage 7: apportion between dependants
12.11 Deductions
12.12 No recovery of benefits
13 Other equitable remedies
13.1 Personal and proprietary claims
13.2 Tracing
13.3 Constructive trusts
13.4 Subrogation
13.5 Quasi-contract
13.6 Benefits conferred in an emergency
13.7 Rights to contribution and recoupment
13.8 Benefits conferred through mistake, duress, or undue influence
13.9 Benefits conferred as a result of fraud or criminal conduct
13.10 Fraudulent preferences and avoidance of voluntary transfers
14 Judicial review
14.1 Scope of judicial review
14.2 Public law cases only
14.3 Availability of alternative remedies
14.4 Sufficient interest
14.5 The need to act promptly
14.6 Procedure for seeking judicial review
14.7 Grounds for seeking judicial review
14.8 Remedies
14.9 Interim remedy
14.10 Further reading
15 Real property law remedies
15.1 Possession orders
15.2 Additional remedies
15.3 Mortgagee’s remedies
15.4 Order for sale under the Trusts of Land and Appointment of Trustees Act 1996
15.5 Easement
15.6 Registered land
15.7 Exercise
16 Remedies in the law of trusts
16.1 Introduction
16.2 Identifying precisely what issues require to be resolved
16.3 Doubts about the validity of the trust
16.4 Doubts about powers
16.5 Possible breach of trust
16.6 The range of remedies
16.7 Exercise
17 Remedies for unlawful discrimination
17.1 Introduction
17.2 Legal framework
17.3 Basic concepts explained
17.4 Disability discrimination
17.5 Discrimination in employment
17.6 Discrimination in other fields
17.7 Compensation in cases of individual discrimination
17.8 Equal pay
17.9 Enforcing the law
17.10 Exercises
18 European Union law remedies
18.1 Introduction
18.2 Preliminary rulings
18.3 Claims for annulment using Article 263
18.4 Claim under Article 265 for a failure to act
18.5 Non-contractual liability of the EU under Article 340(2)
18.6 Plea of illegality under Article 277
18.7 Enforcement claims against Member States under Article 258
19 European Convention on Human Rights and Fundamental Freedoms
19.1 Introduction
19.2 The Human Rights Act 1998
19.3 Rights and freedoms under the Convention
19.4 Reports and further reading
20 Class problems in contract
20.1 Martin Pender
20.2 Mr and Mrs Roberts
20.3 Newtown Theatre Company
20.4 Gordon Priestly
20.5 Polly Partridge
20.6 Dreamy Travel Ltd
20.7 Peter Boggis
20.8 Roger Lucas
20.9 James Davies
20.10 John Simms
20.11 Richard Reshirn
20.12 Albert Corey, deceased
20.13 David Morgan, deceased
20.14 Susanna and Emma Williams, deceased
Index