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Commercial Damages: A Guide to Remedies in Business Litigation

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ISBN: 9780820520209
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Written by prominent scholars and practitioners in commercial law.

•  Part I analyzes the specific types of remedies available.
•  Part II examines costs of litigation, economic factors and other relevant practical considerations for both plaintiffs' and defendants' attorneys.
•  Parts III-V discuss specific situations in which the business entity has been damaged, including: remedies for breach of contracts for the sale or lease of goods, services and intangible rights; breach of commercial lease contracts; infringement of copyrights and patents and the improper use of trademarks and trade names; breaches under the United Nations Convention on Contracts for the International Sale of Goods; shareholder derivative actions; antitrust actions; and breach of contracts to invest or lend money.

First published in 1986.

3 Volumes; Looseleaf; Updated biannually with revisions.

The eBook versions of this title feature links to Lexis Advance for further legal research options.

Table of Contents

PART I General Remedial Principles

Volume 1

Section A The Law of Damages

Ch 1: Introduction: General and Special Damages

Ch 2: Reliance Damages: Compensation for Loss Suffered

Ch 3: Restitutionary Damages: Payment for Benefits Received

Ch 4: Mitigation of Damages: The Doctrine of Avoidable Consequences

Ch 5: Lost Profits: Injury to Business

Ch 6: Interest: The Use Value of Money

Ch 7: Attorney's Fees and Costs

Ch 8: Punitive Damages

Ch 9: Contractual Limitations of Liability: Contracting Parties' Attempts to Control Damage Liability

Ch 9A: Agreed Remedies: Contractual Clauses Dealing with Monetary Relief

Ch 10: Remedies for Quantum Meruit Cases

Ch 11: Contracts of "Accretion": The Effect of U.C.C. Contract Formation and Gap-Filling Rules on Remedies

Section B Specific Relief and Other Remedies

Ch 12: Specific Performance

Ch 13: Specific Restitution and Possessory Remedies

Ch 14: Injunctions and Restraining Orders

Ch 15: Agreed Remedies: Contractual Clauses Dealing with Specific Relief

Ch 16: The Constructive Trust

Ch 17: Private Civil Remedies Under RICO

Chs 18-19: [Reserved]

PART II Practical Considerations in Evaluating the Case

Volume 1

Ch 20: Costs of Litigation: Prediction and Control

Ch 21: Evidence: Problems of Proving Damages

Ch 22: Economic Issues: Evaluating Damages

Ch 23: Arbitration as an Alternative to Litigation

Ch 24: Settlement of Business Disputes

Chs 25-30 [Reserved]

PART III The Business Enterprise as Buyer or Seller of Property or Services

Volume 2

Ch 31: Breach of Commercial Lease Contracts

Ch 32: Breach of Real Estate Contracts

Ch 33: Construction Claims and Their Damages

Ch 34: Breach by Employees

Ch 35: Breach by Buyer of Goods

Ch 35A: Breach by Seller of Goods

Ch 35B: Breach of Warranty

Ch 35C: Cure After Breach of Contract

Ch 35D: Breach in Lease of Goods

Ch 36: Breach by Customer of Services

Ch 37: Breach by Supplier of Professional Services

Ch 38: Breach by Licensor of Patents and Related Technology

Ch 39: Breach by Licensor of Copyright or Literary Property

Ch 40: Breach by Licensor of Trademarks and Related Rights

Ch 41: Breach of a Liability Insurance Policy

Ch 42: Breach in Wire Transfers

Ch 43: Remedies for Breach Under the CISG (United Nations Convention on Contracts for the International Sale of Goods)

Chs 44-48 [Reserved]

PART IV Remedies for Wrongful Interference

Volume 3

Ch 49: Infringement of Patents and Related Technology

Ch 50: Infringement of Copyright and Literary Property

Ch 51: Improper Use of Trademarks and Trade Names

Ch 52: Improper Use of Trade Secrets and Customer Lists

Ch 53: Inducing Breach of Contract and Interfering With Business Relations

Ch 54: Antitrust: Improper Price Discrimination

Ch 55: Antitrust: Monopolies and Combinations in Restraint of Trade

Chs 56-60 [Reserved]

PART V The Business Enterprise as Investment

Volume 3

Ch 61: Breach by Seller or Buyer of Contract To Sell Existing Business

Ch 62: Breach of Contract To Invest or Lend Money

Ch 63: Breach of Duty by Directors, Officers and Principal Shareholder: Shareholder Derivative Actions