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Punishment and Private Law

Editor(s): Elise Bant, Wayne Courtney, James Goudkamp, Jeannie Paterson
Media of Punishment and Private Law
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Published: 15-07-2021
Format: Hardback
Edition: 1st
Extent: 528
ISBN: 9781509939152
Imprint: Hart Publishing
Series: Hart Studies in Private Law
Dimensions: 234 x 156 mm
RRP: £95.00
Online price : £85.50
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Loren Epson

About Punishment and Private Law

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.

Table Of Contents

Part I
Introduction

1. Punishment and Private Law
Wayne Courtney and James Goudkamp

Part II
History, Theory and Concepts

2. Punishment in Private Law – No Such Thing (Any More)
Kit Barker

3. Punishment and Private Law: Some Comparative Observations
Solène Rowan

4. Privacy, Punishment and Private Law
Andrew Roberts and Megan Richardson

5. Punishments and Penalties in Private Law, with Particular Reference to the Law Governing Fiduciaries
James Penner

6. The Ultimate Sanction: The Purpose and Role of Contempt in Private Law Litigation
David Rolph

Part III
Punitive Damages

7. Punitive Damages Transformed into Societal Damages
Catherine M Sharkey

8. Punitive Damages: Ten Misconceptions
James Goudkamp and Eleni Katsampouka

9. Exemplary Damages in Contract Law
Katy Barnett

10. Effecting Deterrence through Proportionate Punishment:An Assessment of Statutory and General Law Principles
Elise Bant and Jeannie Marie Paterson

11. Vicarious Punishment: Vicarious Liability for Exemplary Damages?
Phillip Morgan

Part IV
Limiting Punishment

12. Agreed Punishment
Wayne Courtney

13. Controlling Private Punishment in Three Dimensions: Penalties and Forfeiture in England and Australia
Nicholas A Tiverios and Ben McFarlane

14. Penalty in the Contract of Employment: The Good, the Bad (Leavers) and the Ugly
Mimi Zou and Hin Liu

Part V
Conclusion

15. Punishment and Private Law: Future Themes and Perspectives
Elise Bant and Jeannie Marie Paterson

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