Commercial Damages: A Guide to Remedies in Business Litigation
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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.
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Table of contents
PART I General Remedial Principles
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
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
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
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
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
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