Dear Colleagues:

Congratulations go out to ODGer Katy Barnett on the publication of Accounting for Profit for Breach of Contract.  Hart has graciously offered at 20% discount to all ODGers.  To order please follow the instructions below.

List-members might also be interested in Carter's Breach of Contract which is now also available at a 20% discount.

Happy Reading,

Hart Publishing is very pleased to announce the publication of Accounting for Profit for Breach of Contract by Katy Barnett and Carter's Breach of Contract (Hart Edition) by JW Carter. As a member of the Obligations Discussion Group listserv Hart Publishing is delighted to offer you 20% discount.

 NOW PUBLISHED

 

Accounting for Profit for Breach of Contract

Theory and Practice

Katy Barnett

 

This book defends the view that an award of an account of profits (or 'disgorgement damages') for breach of contract will sometimes be justifiable, and fits within the orthodox principles and cases in contract law.  However there is some confusion as to when such an award should be made. The moral bases for disgorgement damages are deterrence and punishment, which shape the remedy in important ways. Courts are also concerned with vindication of the claimant's performance interest, and it is pivotal in these cases that the claimant cannot procure a substitute performance via an award of damages or specific relief.

 The book argues that disgorgement damages should be available in two categories of case: 'second sale' cases, where the defendant breaches his contract with the claimant to make a more profitable contract with a third party; and 'agency problem' cases, where the defendant promises the claimant he will not do a certain thing, and the claimant finds it difficult to supervise the performance. Moreover, disgorgement may be full or partial, and 'reasonable fee damages' for breach of contract are best understood as partial disgorgement rather than 'restitutionary damages'. Equitable bars to relief should also be adopted in relation to disgorgement damages, as should allowances for skill and effort.

 This book will be of interest to contract and commercial lawyers, and will be especially valuable to anyone with an interest in contract remedies and restitution. It draws on case law in a number of common law jurisdictions, primarily England and Wales, and Australia.

 Please click here to read the table of contents: http://www.hartpub.co.uk/pdf/9781849462518.pdf

Please click here to read the introduction: http://www.hartpub.co.uk/pdf/samples/9781849462518sample.pdf

 

The Author

Katy Barnett is a Lecturer in Law at the University of Melbourne.

 May 2012   256pp   Hbk   9781849462518  £55 / €71.50 / US$110 / CDN$110   

Hart Studies in Private Law

Discount rate to members of the ODG: £44 / €57 / US$88 / CDN$88

 

UK, EU AND ROW ORDERS: http://www.hartpub.co.uk/books/details.asp?isbn=9781849462518

USA ORDERS: http://www.hartpublishingusa.com/books/details.asp?isbn=9781849462518

 

 

Carter's Breach of Contract

(Hart Edition)

JW Carter

 

J W Carter's Breach of Contract is well established as the leading text on the subject in the Commonwealth, having been cited regularly and with approval by the courts in a number of jurisdictions. This new edition, first published in Australia by Lexis Nexis in May 2011, is now published for a wider audience under the title Carter's Breach of Contract. The work is comprehensive in relation to both English and Australian law. Moreover, by drawing on decisions in the United States, Singapore and New Zealand, the American Law Institute's Restatement of Contract, 2d as well as the Uniform Commercial Code (US) and the United Nations Convention on Contracts for the International Sale of Goods, the work has a unique comparative dimension. It will therefore be a valuable resource for scholars, practising lawyers and students of contract law.

 An essential feature of the book is the statement of the law of breach of contract in a series of articles, which codify the law as a set of brief statements of principle. These articles are also reproduced in the Appendix, and together with an extensive bibliography and index and tables, make this the ideal first port of call for all questions relating to breach of contract.

 Please click here to read the table of contents: http://www.hartpub.co.uk/pdf/9781849463751.pdf

Please click here to read a sample chapter: http://www.hartpub.co.uk/pdf/samples/9781849463751sample.pdf

 Please note that Carter's Breach of Contract (9781849463751) is not for sale through Hart Publishing in the following countries: Australia, Canada, Hong Kong, Malaysia, New Zealand, Singapore, India. Customers in these regions should contact LexisNexis in Australia (Title: Carter’s Breach of Contract; ISBN: 9780409328141; May 2011).

 The Author

J W Carter, BA, LLB (Syd), Ph D (Cantab), is Professor of Commercial Law, University of Sydney, General Editor of the Journal of Contract Law and a Consultant to Freehills.

 May 2012   854pp   Hbk   9781849463751  £140 / €182 / US$280 / CDN$280   

Discount rate to members of the ODG: £112 / €146 / US$224 / CDN$224

 UK, EU AND ROW ORDERS: http://www.hartpub.co.uk/books/details.asp?isbn=9781849463751

USA ORDERS: http://www.hartpublishingusa.com/books/details.asp?isbn=9781849463751

 Order Online

If you would like to order these titles you can do so through the Hart Publishing website (links above)

 To receive the discount please mention ref: ‘ODG’ in the special instructions field. Please note that the discount will not be shown on your order but will be applied when your order is processed.

 If you have any queries please contact Hart Publishing.

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