Wrongs and Remedies in the Twenty-First Century

By Peter Birks | Go to book overview

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-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Wrongs and Remedies in the Twenty-First Century
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 333

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.