BEYOND COMPENSATORY DAMAGES: GAIN-BASED AND EXEMPLARY AWARDS IN ENGLISH AND HONG KONG LAW
Ⅰ Introduction The most pervasive remedy for breach of a private law obligation in common law systems of law is damages.2 That remedy responds to causes of action that involve a civil law wrong.Those wrongs are,principally, tort (delict) and breach of contract.Damages also respond to breaches of equitable and statutory obligations, though, in these situations, the rules and principles may differ from those that apply in the case of torts and breaches of contract.In the case of equitable obligations, this is because the relevant rules and principles developed, historically, from courts of equity, rather than from the common law courts.3 In the case of statutory obligations, this is because the purpose of the statute in question may require a different approach to damages than that of the general law.
Michael Tilbury
University of Hong Kong
国内会议
第二届比较法学与世界共同法国际研讨会暨亚洲比较法学会成立大会
北京
英文
62-74
2013-09-27（万方平台首次上网日期，不代表论文的发表时间）