LEADER 04124nam 22007331c 450 001 9910964883303321 005 20200115203623.0 010 $a9786610807918 010 $a9781472559203 010 $a1472559207 010 $a9781280807916 010 $a1280807911 010 $a9781847310477 010 $a1847310478 024 7 $a10.5040/9781472559203 035 $a(CKB)1000000000338504 035 $a(EBL)270723 035 $a(OCoLC)304076561 035 $a(SSID)ssj0000160464 035 $a(PQKBManifestationID)12046937 035 $a(PQKBTitleCode)TC0000160464 035 $a(PQKBWorkID)10182324 035 $a(PQKB)11560147 035 $a(MiAaPQ)EBC1751823 035 $a(MiAaPQ)EBC270723 035 $a(Au-PeEL)EBL1751823 035 $a(CaPaEBR)ebr10276250 035 $a(CaONFJC)MIL80791 035 $a(OCoLC)893331633 035 $a(OCoLC)191746361 035 $a(UtOrBLW)bpp09256049 035 $a(Au-PeEL)EBL270723 035 $a(UtOrBLW)BP9781472559203BC 035 $a(EXLCZ)991000000000338504 100 $a20140929d2002 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 10$aGain-based damages $econtract, tort, equity, and intellectual property $fJames Edelman 205 $a1st ed. 210 1$aOxford $aPortland, Oregon $cHart Publishing $d2002. 215 $a1 online resource (314 p.) 300 $aDescription based upon print version of record. 311 08$a9781841133348 311 08$a1841133345 320 $aIncludes bibliographic references (pages [265]-273) and index 327 $aINTRODUCTION -- 1 THE NATURE OF "DAMAGES" -- 2 THE CATEGORY OF CIVIL WRONGS -- 3 TWO MEASURES OF GAIN-BASED DAMAGES -- 4 TORTS -- 5 BREACH OF CONTRACT -- 6 EQUITABLE WRONGS -- 7 INTELLECTUAL PROPERTY WRONGS -- 8 CONCLUSIONS 330 8 $aOn July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally. This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits from the defendant's hands. Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards 606 $aDamages$zEngland 606 $2Civil remedies 606 $aDamages$zWales 615 0$aDamages 615 0$aDamages 676 $a347.42077 700 $aEdelman$b James$01799162 801 0$bUtOrBLW 801 1$bUtOrBLW 801 2$bUkLoBP 906 $aBOOK 912 $a9910964883303321 996 $aGain-based damages$94342340 997 $aUNINA