Wrongs and Remedies in the Twenty-First Century

By Peter Birks | Go to book overview
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Index
accident costs
redistribution 2
aggravated damages
exemplary damages, and 170-1
role 230
battery
doctor and patient 113
Blackstone, Sir William
common law, on 148-9
breach of contract
restitutionary damages for 210-15
Child Support Agency 9
common law
Blackstone's theory 148-9
Lord Mansfield on 149
professional negligence, and 150
punitive damages 176
compensatory damages 309-12
case for 309
disapproval of law, and 311-12
focus 309
'loss' 310
prime aim of civil law, and 311
compensatory functions of law 3-4
controlling power to agree damages 271-99
judicial control of over-compensation 274
just compensation 273-9
penalty clause as secondary clause 273
penalty rule 271-2
possible realignments 299
prevention of punishment 279-80
prevention of specific enforcement in
terrorem 28-12
intentions of promises 281
'legitimate pressure' 281
protection of personal freedom 281-2
primary-secondary term distinction 273-4
compensatory measures, and 275-6
freedom of contract, and 276
just compensation 277-8
just compensation and control of other terms 278-9
significance 274-7
time of assessment 278
Unfair Terms in Consumer Contracts Regulations 275
unconscionability 282-98
broader assessment of substantive unfairness 295-6
commercial agreements 291-2
constructive notice 293
content of procedural unfairness 289-93
deviation from default compensatory measure 286
failure of consideration, and 296
inequality of bargaining power 289-90
judicial intervention in commercial cases 295
judicial review of secondary terms 284-5
jurisdictional question 298
jurisdictional requirement of breach 286
lack of choice 291-2
necessity of procedural unfairness 289-93
parties' designations of payment as compensation 288-9
'penal bond' 283
presumption of need for protection 294-5
procedural unfairness 284-5
realigning penalty rule 289-98
role of substantive unfairness 293-8
scope of substantive unfairness 293-8
standard form contracts 290-1
substantive unfairness 284-5
test of substantive unfairness 296
undue influence 293
unsatisfactory aspects of penalty 286-9
corporations
personal injury law, and 14-15
corrective justice
personal injury law, and 12-13
Criminal Injuries Compensation Scheme
reduction of benefits under 45
damages see also aggravated, exemplary, compensatory, restitutionary, punitive damages
meaning 203, 301-2
'deep pocket' principle
personal injury law, and 25
defective products
free market, and 41-2
deterrence
personal injury law, and 27-3
disgorgement damages 302
distributive justice
personal injury law, and 19-20, 21-5

-327-

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