contract, tort, equity and intellectual property /
James Edelman.
Portland, Or. :
Hart,
2002.
1 online resource (xxxiii, 279 pages)
Includes bibliographical references (pages 265-273) and index.
Preliminaries; Preface; Contents; Index of Authorities; Table of Abbreviations; INTRODUCTION; 1 THE NATURE OF DAMAGES; 2 THE CATEGORY OF CIVIL WRONGS; 3 TWO MEASURES OF GAIN BASED DAMAGES; 4 TORTS; 5 BREACH OF CONTRACT; 6 EQUITABLE WRONGS; 7 INTELLECTUAL PROPERTY WRONGS; 8 CONCLUSIONS; Bibliography; Index.
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Considers gain-based damages and explains when they have been available and why, and provides a framework for appreciating their operation. It identifies two forms of these damages, the return of a defendant's gains wrongfully transferred from a claimant and stripping profits from the defendant.