Date: Tue, 16 Apr 2002 11:35:10 +0100 Reply-To: =?iso-8859-1?q?bernard=20stebbings?= Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: =?iso-8859-1?q?bernard=20stebbings?= Subject: Edelman on Gain-based damages?? MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="0-806314249-1018953310=:58013" Content-Transfer-Encoding: 8bit --0-806314249-1018953310=:58013 Content-Type: text/plain; charset=iso-8859-1 Content-Transfer-Encoding: 8bit I have heard that James Edelman has written a book on Gain based damages which should be out soon. Does anyone have any firm info on when it is due. Many thanks, Bernard --------------------------------- Do You Yahoo!? Get personalised at My Yahoo!. --0-806314249-1018953310=:58013 Content-Type: text/html; charset=iso-8859-1 Content-Transfer-Encoding: 8bit I have heard that James Edelman has written a book on Gain based damages which should be out soon. Does anyone have any firm info on when it is due. Many thanks, Bernard


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Get personalised at My Yahoo!. --0-806314249-1018953310=:58013-- ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email . ========================================================================= Date: Wed, 24 Apr 2002 09:53:28 +0100 Reply-To: Steve Hedley Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Steve Hedley Subject: Re: Edelman on Gain-based damages?? In-Reply-To: <20020416103510.58021.qmail@web21204.mail.yahoo.com> Mime-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable It's just published - I have received my copy today. Congratulations to Jamie.=20 >From Hart Publishing's webite: Gain-Based Damages - Contract, Tort, Equity and Intellectual Property James Edelman=20 =A330 hb ISBN 1-84113-334-5 On 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.=20 At 11:35 16/04/02 +0100, Bernard Stebbings wrote: >I have heard that James Edelman has written a book on Gain based damages >which should be out soon. Does anyone have any firm info on when it is >due. Many thanks, Bernard=20 Steve Hedley =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=20 FACULTY OF LAW, UNIVERSITY OF CAMBRIDGE e-mail : steve.hedley@law.cam.ac.uk ansaphone : +44 1223 334931 www.stevehedley.com fax : +44 1223 334967 Christ's College Cambridge CB2 3BU =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=20 ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email . ========================================================================= Date: Wed, 24 Apr 2002 11:34:55 +0100 Reply-To: Steve Hedley Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Steve Hedley Subject: Rotherham, Proprietary Remedies in Context Mime-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Also of interest to the group and published today is: Proprietary Remedies in Context=20 Craig Rotherham=20 =A335.00 hb Hart Publishing ISBN 1-84113-165-2 "There is a tension in English law between the idea that the courts might provide a remedy by creating new property rights and the understanding that the judiciary's role is limited to the protection of existing proprietary interests with the power to redistribute property residing in the legislature alone. While there are numerous instances in which the courts intervene to readjust property rights, these are disguised in metaphor and fiction. However, this has meant that the law in this area has developed without open consideration of justifications for redistributing property. The result of this is that there is little coherence in the law of proprietary remedies as a whole and a good deal of it is indefensible. The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, vitiated transactions, the profits of wrongdoing and the breakdown of intimate relationships. It contrasts the English treatment of this area of law with developments in other common law jurisdictions where a more dynamic understanding of property has permitted more open acknowledgement of the judicial role in redistributing proprietary rights." Steve Hedley =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=20 FACULTY OF LAW, UNIVERSITY OF CAMBRIDGE e-mail : steve.hedley@law.cam.ac.uk ansaphone : +44 1223 334931 www.stevehedley.com fax : +44 1223 334967 Christ's College Cambridge CB2 3BU =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=20 ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email . ========================================================================= Date: Thu, 25 Apr 2002 10:44:27 -0400 Reply-To: Lionel Smith Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Lionel Smith Subject: (1) Burrows: Hochelaga Lectures (2) Edelman: Gain-Based Damages Comments: cc: richard@hartpub.co.uk MIME-version: 1.0 Content-type: text/plain; format=flowed; charset=us-ascii 1. Lusina Ho writes Members might be interested to know that the Hochelaga Lectures 2001, by Prof. Andrew Burrows, has been published. The title of the 2001 series is "Fusing Common Law and Equity: Remedies, Restitution and Reform". It discusses monetary remedies for civil wrongs and personal restitution of misdirected funds. ISBN / ISSN: 962 661 161 8 Available from Sweet & Maxwell, Asia: www.smlawpub.com.hk 2. I understand from Jamie Edelman that Hart Publishing has generously offered RDG members a 20% discount on Edelman on Gain-Based Damages. Anyone interested should order directly from Richard Hart . The list price is GBP30 so according to me that makes a discounted price of GBP24. I add my congratulations to Jamie, and also my thanks to Richard Hart. Best, Lionel ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email . ========================================================================= Date: Mon, 29 Apr 2002 09:41:26 -0400 Reply-To: Lionel Smith Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Lionel Smith Subject: Restitution damages for breach of contract MIME-version: 1.0 Content-type: text/plain; format=flowed; charset=us-ascii The SCC released a decision on Thursday last which considered measures of damages in breach of contract. If I read it correctly it admits in dicta, contrary to previous SCC dicta, the possibility gain-based damages for breach of contract, under the label "restitution damages", although I find the relevant passage (paras 30-33, 59-61) kind of confusing. One might think that the judge did not distinguish restitution from disgorgement (if one were minded to use that kind of terminology). One might even argue that this is a case which shows the confusion which can arise when one uses "restitution" to refer both to giving back and to giving up. The case at this level is about simple vs compound interest. Bank of America Canada v. Mutual Trust Co., available on line at http://www.lexum.umontreal.ca/csc-scc/en/rec/html/clarica.en.html Lionel ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email . ========================================================================= Date: Tue, 30 Apr 2002 17:15:39 +0000 Reply-To: Benedict White Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Benedict White Subject: Gain based damages. MIME-Version: 1.0 Content-Type: text/plain; charset="2" Content-Transfer-Encoding: quoted-printable I am very pleased that the idea of gain based damages seems to be taking ro= ot. After all you can only sue for breach of contract if the person suing= has lost something. This prevents a council suing a housing association for breaching the contr= act of sale where the tenant suffers loss and the housing association gai= ns, but the councils position remains unchanged. Now the council can sue = to remove the gain that is good. Can I get the discount on this book as I am not an academic but just butted= i on this group? Kind regards Benedict White ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, tel. (+1) 514 398 6635,email .