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Chapter

Cover Essential Cases: EU Law

Commission v Greece (‘Crete case II’) (Case C-387/97), EU:C:2000:356, [2000] ECR I-5092, 4 July 2000  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Greece (‘Crete case II’) (Case C-387/97), EU:C:2000:356, [2000] ECR I-5092, 4 July 2000. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Commission v Greece (‘Crete case II’) (Case C-387/97), EU:C:2000:356, [2000] ECR I-5092, 4 July 2000  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Greece (‘Crete case II’) (Case C-387/97), EU:C:2000:356, [2000] ECR I-5092, 4 July 2000. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Competition Law of the EU and UK

6. Procedure: penalties and leniency arrangements  

This chapter explores the financial penalties imposed for breaches of competition law in the EU and the UK. Broadly speaking, enforcers have three kinds of ‘weapons’ in their arsenal to use against those who attack competition: remedies, imprisonment, and fines. The first of these weapons may be the most powerful, and includes conduct, structural, and third-party remedies. Incarceration — the second weapon — is a well-publicized feature of the US system, and has been an option in the UK in relation to hard-core cartel conduct since the entry into force of the Enterprise Act 2002 (EA). The argument in favour of the efficacy of fines, the third weapon, is a persuasive one: companies take part in anti-competitive conduct in order to boost profits; remove those profits and the incentive for illegal conduct vanishes.

Chapter

Cover Essential Cases: EU Law

Commission v Council (‘Environmental crimes’) (Case C-176/03), EU:C:2005:542, [2005] ECR I-7879, 13 September 2005  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Council (‘Environmental crimes’) (Case C-176/03), EU:C:2005:542, [2005] ECR I-7879, 13 September 2005. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Commission v Council (‘Environmental crimes’) (Case C-176/03), EU:C:2005:542, [2005] ECR I-7879, 13 September 2005  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Council (‘Environmental crimes’) (Case C-176/03), EU:C:2005:542, [2005] ECR I-7879, 13 September 2005. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Anson's Law of Contract

17. Damages  

Jack Beatson, Andrew Burrows, and John Cartwright

This Chapter discusses damages and other remedies for breach of contract. It covers the compensatory nature of damages, basis of assessment of damages, causation, remoteness, mitigation, assessment of damages in contracts for the sale of goods, claimants’ contributory negligence, the tax element in damages, interest, and agreed damages clauses (contrasting penalty clauses).

Chapter

Cover JC Smith's The Law of Contract

28. Agreed remedies  

This chapter focusses on remedies agreed by the parties for breach of contract. Parties may wish to include a term in the contract which dictates what should happen in the event of breach of contract. If the term states that a certain amount of money should be paid upon breach, that term might be valid as a liquidated damages clause or unenforceable as a penalty. If the amount chosen is a genuine pre-estimate of loss, or is ‘commercially justified’, then it is likely to be valid. If the defaulting party had already paid money to the innocent party as a deposit, the innocent party may be able to forfeit that deposit. A term stipulating that specific performance or an injunction will be granted upon breach will not bind the court. However, the court may take into account such a term when deciding whether to exercise its equitable discretion.

Chapter

Cover Sentencing and Punishment

2. Structuring sentencing  

A sentencing system in which there were no controls on how the judge or magistrate came to a decision on sentence would not be a principled system. It could also lead to injustice in individual cases. This chapter examines the ways in which sentencing discretion is constrained, not only through law and guidance but also through the use of a justificatory principle as a constraint. In particular it reviews the way that more recent forms of sentencing guidance have developed, notably the definitive guidelines produced by the Sentencing Council. It also discusses in detail the importance of a retributivist rationale with reference to classical and modern retributivism.

Chapter

Cover Contract Law

14. Specific and agreed remedies  

Courts are very willing to award orders compelling the defendant to pay the agreed price, but much less willing to compel non-monetary performance (specific performance or injunctions). Contract law also controls the remedies agreed by the parties. This chapter discusses: (1) the extent to which contract law grants specific enforcement of different types of contracts; (2) the reasons for denying a claim for specific enforcement; (3) when contract law will refuse to enforce the remedy agreed by the parties, especially agreed payments; and (4) the normative considerations in answering points (1) to (3).

Chapter

Cover Cassese's International Criminal Law

2. The principle of legality  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

This chapter begins with a discussion of how national legal systems tend to embrace and ground their criminal law lies on, with respecct to either the doctrine of substantive justice or that of strict legality. It then covers the principle of legality in civil law and in common law countries; the principle of legality in international criminal law; articulations of the principle of legality; and the principle of legality of penalties.

Chapter

Cover Introduction to Business Law

8. Discharge of Contract and Contractual Remedies  

The discharge of a contract means that the obligations of the contract come to an end. When discharge occurs, all duties which arose under the contract are terminated. This chapter discusses the various methods of discharging a contract and the consequences of each. It considers how a contract can be discharged through agreement between the parties; the elements necessary for a contract to be discharged by performance, including the rules relating to partial performance of a contract; and the meaning and effect of the frustration of a contract. The chapter discusses the meaning of breach of contract, both actual breach and anticipatory breach, and its consequences. The remedies for a breach of contract are explored, including the rules relating to remoteness and measure of damages and the difference between liquidated damages and penalties. Equitable remedies of specific performance and injunctions are explained.

Chapter

Cover Contract Law Directions

11. Damages  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.

Chapter

Cover Essential Cases: Contract Law

Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis [2015] UKSC 67  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis [2015] UKSC 67. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis [2015] UKSC 67  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis [2015] UKSC 67. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover The Oxford Textbook on Criminology

28. Punishment  

This chapter discusses the place that punishment occupies as a response to crime. In many ways, the idea of punishment lies at the heart of our thinking about crime and criminal justice. It acts as a kind of balancing factor to the offence and seems like an obvious and natural consequence of a wrongful act, as in the biblical idea of ‘an eye for an eye’. However, the criminologist’s task is precisely to interrogate fundamental assumptions and to question the obvious. As such, there is a need to consider, with a critical eye, some well-established conventions such as the principle of ‘just deserts’ and the idea that we should make ‘the punishment fit the crime’. The chapter explores aspects of the historical development of punishment and its changing role in society and looks at particular forms of penal sanction, notably the death penalty, the use of imprisonment, and community-based alternatives to the deprivation of liberty. The chapter then assesses the role of the judiciary in administering punishments, the consequences of imposing punitive measures, and the criticisms of the use of punishment.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

23. The fourth, sixth, seventh, and thirteenth protocols  

David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley

This chapter discusses Protocols 4, 6, 7, and 13 of the European Convention on Human Rights. Protocols 4 and 7 protect a selection of civil and political rights not covered by the main Convention text and which make up for the substantive deficiencies of the Convention when compared to the International Covenant on Civil and Political Rights (ICCPR). Protocols 6 and 13 concern the abolition of the death penalty in peacetime and in war, respectively.

Book

Cover Competition Law of the EU and UK
Competition Law of the EU in the UK provides an introduction to the field of competition law and relates it to the situation of the UK within the EU. It starts by looking at competition law in the EU and UK. It considers international issues and the globalization of competition law. In addition, it looks at procedure in terms of investigation, penalties, leniency, and private enforcement. It considers article 101 TFEU. It also explains the economics of merger control, looking at both the EU and UK merger control regime and the treatment of joint ventures. Finally, it considers state aid, the relationship between competition law and intellectual property and the common law and competition.

Chapter

Cover Contract Law

13. Controlling contract terms  

Exclusion clauses, penalties, and consumer protection

This chapter examines how the law regulates contract terms, with particular emphasis on rules that are intended to protect weaker parties. It begins with a discussion of the limits of freedom of contract and proceeds by assessing the role played by formal requirements, such as the requirement that contracts be in writing. It then considers how the law regulates contract terms which seek to alter the liability that one party will have in the event of breach. More specifically, it looks at exclusion clauses in the common law and the statutory regulation of such clauses, along with liquidated damages, contractual remedies, and the rule against penalties. It also explores the extent to which consumer protection law restricts the terms that can be included in consumer contracts, especially when dealing with the problem of unfair terms.

Chapter

Cover Contract Law Directions

11. Damages  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.

Chapter

Cover Concentrate Questions and Answers Contract Law

11. Damages  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. The common law places great emphasis on damages as the primary remedy for breach of contract, reinforced by the fact that although a victim of a breach may seek specific performance or an injunction, such orders are equitable in nature and therefore discretionary. In claiming damages, the victim of a breach will need to establish that: the claimed method for assessing damages is appropriate (measure); the damages are not too remote (remoteness); if relevant, compensation for inconvenience and/or disappointment caused by the breach is recoverable (non-pecuniary losses); the losses could not have been reasonably mitigated (mitigation); and the recoverable losses have been properly quantified (quantification). Separately, the validity of any agreed damages clause will need to be determined.