Commercial Damages: A Guide to Remedies in Business Litigation

This publication is written by prominent scholars and practitioners in commercial law, examines the specific types of remedies available, analyzes the costs of litigation, and more.

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ISBN: 9780820520209
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ISBN: 9781579110727
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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

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