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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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The Foundations of Restitution for Wrongs (Hardcover, New)
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The Foundations of Restitution for Wrongs (Hardcover, New)
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'Restitution for wrongs', or 'restitutionary damages', is the
judicial award which compels the wrongdoer to give up to the victim
the benefit obtained through the perpetration of the wrong,
independently of any loss suffered by the victim. The establishment
of a civil trial in Roman law, which left compensation as the main
response, and a widespread, loss-centred interpretation of the
Aristotelian theory of corrective justice explain, but do not
justify the difficulties encountered by modern attempts to account
for restitutionary damages. Mistakes in the classification of this
institution have complicated the picture. To overcome some of these
problems, this study considers the basic structure of
restitutionary damages from different angles. In part one, the
topic is analysed from a comparative perspective. Although the
focus remains on English law, the German, the Italian and the Roman
jurisdictions provide research data which, in part two, support the
development of a theory of restitution for wrongs as corrective
justice.
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