Gain-Based Damages - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Gain-Based Damages write by James Edelman. This book was released on 2002-04-19. Gain-Based Damages available in PDF, EPUB and Kindle. 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.
Disgorgement of Profits
Disgorgement of Profits - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Disgorgement of Profits write by Ewoud Hondius. This book was released on 2015-08-12. Disgorgement of Profits available in PDF, EPUB and Kindle. Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.
Patent Remedies and Complex Products
Patent Remedies and Complex Products - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Patent Remedies and Complex Products write by C. Bradford Biddle. This book was released on 2019-06-27. Patent Remedies and Complex Products available in PDF, EPUB and Kindle. Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Reference Manual on Scientific Evidence
Reference Manual on Scientific Evidence - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Reference Manual on Scientific Evidence write by . This book was released on 1994. Reference Manual on Scientific Evidence available in PDF, EPUB and Kindle.
Model Rules of Professional Conduct
Model Rules of Professional Conduct - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Model Rules of Professional Conduct write by American Bar Association. House of Delegates. This book was released on 2007. Model Rules of Professional Conduct available in PDF, EPUB and Kindle. The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
