Commercial Damages: A Guide to Remedies in Business Litigation
Select a format
Select subscription type
Terms & conditions
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing firstname.lastname@example.org; or returning the invoice marked "CANCEL".
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
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.
eBooks, CDs, downloadable content, and software purchases are non-cancellable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+™ for further legal research options. A valid subscription to Lexis+™ is required to access this content.
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