Download or read book Disgorgement of Profits written by Ewoud Hondius and published by Springer. This book was released on 2015-08-12 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.

Download or read book Punishment and Private Law written by Elise Bant and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book French Civil Liability in Comparative Perspective written by Jean-Sébastien Borghetti and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.

Download or read book The New French Law of Contract written by Solène Rowan and published by Oxford University Press. This book was released on 2022-08-22 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: After being almost untouched for over 200 years, the contract law section of the French Civil Code was overhauled in 2016 and 2018. The New French Law of Contract describes, explains and analyses the new general principles of contract law in the reformed Code in a concise and stimulating way. The areas covered include contract formation, validity, the interpretation and supplementation of terms, the regulation of unfair terms, privity of contract, change of circumstances, breach of contract and remedies. The book examines the ways in which the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, giving special attention to changes that have proved to be controversial and the debates that surround them. It also considers the various influences that have shaped the reforms, in particular those from international contract law instruments such as the Principle of European Contract Law and the UNIDROIT Principles. Written from the standpoint of a common lawyer, the book is designed to help readers from a common law background to navigate the innovations in the reforms and the new French law of contract that emerges. It is essential reading for students, researchers, practitioners, law-makers and judges with an interest in comparative law.

Download or read book Reforming the French Law of Obligations written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2009-04-17 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.

Download or read book The Code Napol on Rewritten written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience.

Download or read book Landmark Cases in the Law of Punitive Damages written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2023-12-28 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punitive damages are private law's most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally. The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy's availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.

Download or read book A Treatise on the Measure of Damages written by Arthur G. Sedgwick and published by Hansebooks. This book was released on 2017-08-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Treatise on the Measure of Damages - An inquiry into the principles which govern the amount of pecuniary compensation awarded by courts of justice - Vol. 1 is an unchanged, high-quality reprint of the original edition of 1891. Hansebooks is editor of the literature on different topic areas such as research and science, travel and expeditions, cooking and nutrition, medicine, and other genres. As a publisher we focus on the preservation of historical literature. Many works of historical writers and scientists are available today as antiques only. Hansebooks newly publishes these books and contributes to the preservation of literature which has become rare and historical knowledge for the future.

Download or read book Economic Fallacies written by Frederic Bastiat and published by Simon Publications. This book was released on 2001-08-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written by the celebrated nineteenth century French economist propagating free trade, reads as it was written yesterday.

Download or read book Recueil Des Cours Collected Courses 1935 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1970-12-01 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Punitive Damages Common Law and Civil Law Perspectives written by Helmut Koziol and published by Springer. This book was released on 2011-11-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growing literature on the subject of punitive damages, the consensus is that it seems worthwhile and even necessary to discuss, thoroughly and on a comparative basis, the nature, role and suitability of such damages in tort law and private law in general. This book contains reports from selected jurisdictions that explicitly allow the award of punitive damages as well as from jurisdictions which purport (sometimes emphatically) to deny their existence (although a number covertly incorporate such damages into the framework of their tort systems). It benefits from an economic analysis of punitive damages, a report from a private international law perspective, one on their insurability and one on aggravated damages. The book’s comparative report and conclusion critically evaluates the material in the above reports and advances a thorough analysis of the nature of punitive damages, the cases for and against them, and their suitability in the field of tort law. Alternative remedies in private and criminal law are also considered. The publication will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry.

Download or read book More Than You Wanted to Know written by Omri Ben-Shahar and published by Princeton University Press. This book was released on 2014-04-20 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: How mandated disclosure took over the regulatory landscape—and why it failed Perhaps no kind of regulation is more common or less useful than mandated disclosure—requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices? Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite. Timely and provocative, More Than You Wanted to Know takes on the form of regulation we encounter daily and asks why we must encounter it at all.

Download or read book Museums Ethics and Cultural Heritage written by ICOM and published by Routledge. This book was released on 2016-07-07 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an unparalleled exploration of ethics and museum practice, considering the controversies and debates which surround key issues such as provenance, ownership, cultural identity, environmental sustainability and social engagement. Using a variety of case studies which reflect the internal realities and daily activities of museums as they address these issues, from exhibition content and museum research to education, accountability and new technologies, Museums, Ethics and Cultural Heritage enables a greater understanding of the role of museums as complex and multifaceted institutions of cultural production, identity-formation and heritage preservation. Benefitting from ICOM’s unique position in the museum world, this collection brings a global range of academics and professionals together to examine museums ethics from multiple perspectives. Providing a more complete picture of the diverse activities now carried out by museums, Museums, Ethics and Cultural Heritage will appeal to practitioners, academics and students alike.

Download or read book La revue du Barreau written by and published by . This book was released on 1984 with total page 990 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Practice Make Perfect French Vocabulary written by Eliane Kurbegov and published by McGraw Hill Professional. This book was released on 2011-09-02 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master the words and phrases necessary for handling everyday situations Practice Makes Perfect: French Vocabulary helps you develop your vocabulary by providing practice in word-building and encouraging you to analyze new words for an ever-increasing vocabulary. Each chapter of this comprehensive book focuses on a theme, such as family or travel, so you can build your language skills in a systematic manner. As you lay the foundation for an increasing vocabulary, you are able to perfect your new words with plenty of exercises and gain the confidence to communicate well in French. Practice Makes Perfect: French Vocabulary offers you: More than 120 exercises Concise grammatical explanations A new chapter on contemporary vocabulary An answer key to gauge your comprehension With help from this book, you can easily speak or write in French about: Different occupations and jobs * French holidays and traditions * Taking the train * Growing your own garden * Where it hurts on your body * Your house * Your family and friends * What you studied in school * Your favorite TV show * Your family's background . . . and much more!

Download or read book Piracy of Intellectual Property written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Intellectual Property and published by . This book was released on 2007 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Handbook of Law and Economics written by A. Mitchell Polinsky and published by North Holland. This book was released on 2007-11-21 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law can be viewed as a body of rules and legal sanctions that channel behavior in socially desirable directions - for example, by encouraging individuals to take proper precautions to prevent accidents or by discouraging competitors from colluding to raise prices. The incentives created by the legal system are thus a natural subject of study by economists. Moreover, given the importance of law to the welfare of societies, the economic analysis of law merits prominent treatment as a subdiscipline of economics. This two volume Handbook is intended to foster the study of the legal system by economists. *The two volumes form a comprehensive and accessible survey of the current state of the field. *Chapters prepared by leading specialists of the area. *Summarizes received results as well as new developments.