[DOWNLOAD] "Reconstructing Damages." by Melbourne University Law Review * eBook PDF Kindle ePub Free

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eBook details

• Title: Reconstructing Damages.
• Author : Melbourne University Law Review
• Release Date : January 01, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 309 KB

Description

[In modern law, damages are associated with compensation. Some jurists have suggested, however, that damages should simply be construed as a monetary award made in response to a wrong. In addition to compensatory awards, damages would then encompass awards aimed at restitution and punishment. This article argues that the realisation of such a concept of damages would produce incoherence that would impede the progressive development of the law. That development requires, rather, the identification of the objective(s) of each remedy and the development of a law of remedies around those objectives. Analysis of the objectives of compensatory and exemplary damages suggests that 'satisfaction' should be recognised as an independent objective of the law of remedies.] I INTRODUCTION

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