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'The authors breathe new life into this complex, recondite branch
of the law. An illuminating and penetrating study of an ancient
remedy whose importance endures - and even increases.' - Raymond
Wacks, University of Hong Kong This concise yet detailed book
explores the historical foundations and modern developments of the
ancient doctrine of breach of confidence. The authors show that
despite its humble beginnings, stilted development and air of
quaintness the doctrine has modern relevance and influence, its
sense of 'trust and confidence' still resonating with the
information society of today. Topical chapters include, 'Inventing
an equitable doctrine', 'Privacy and publicity in early Victorian
Britain', 'Searching for balance in the employment relationship',
as well as many others. Breach of Confidence will make insightful
reading for all those interested in issues of privacy and
information, and will appeal strongly to practicing lawyers and
judges as well as academic researchers and postgraduate law
students.
The father is an enduring and iconic figure in Hollywood cinema and
in the 1990s, narratives of redemptive fatherhood featured
prominently in some of the decade's most popular films like
Kindergarten Cop (1990), Mrs Doubtfire (1993), Jurassic Park (1993)
and The Lion King (1994). Interpreting such films through the lens
of feminist and queer theory, along with masculinity studies and
psychoanalysis, Katie Barnett offers an insightful and
interdisciplinary discussion of cinematic fathers. Barnett reveals
that the father figure is often portrayed as one that invests in
and is part of a discourse of reproductive futurism. This plays out
across a range of genres including rom-coms, fantasy, sci-fi,
drama, and disaster. By exploring both blockbuster and more
low-budget films of the 1990s, Barnett explores the figure of the
father against the crisis of masculinity in the United States, and
indeed more globally, at this time.
This collection of essays presents a sampling of film and
television texts, interrogating images of U.S. masculinity. Rather
than using "postfeminist" as a definition of contemporary feminism,
this collection uses the term to designate the period from the late
1980s on-as a point when feminist thought gradually became more
mainstream. The movies and TV series examined here have achieved a
level of sustained attention, from critical acclaim, to mass
appeal, to cult status. Instead of beginning with a set hypothesis
on the effect of the feminist movement on images of masculinity on
film and television, these chapters represent a range of responses,
that demonstrate how the conversations within these texts about
American masculinity are often open-ended, allowing both male
characters and male viewers a wider range of options. Defining the
relationship between U.S. masculinity and American feminist
movements of the twentieth century is a complex undertaking. The
essays collected for this volume engage prominent film and
television texts that directly interrogate images of U.S.
masculinity that have appeared since second-wave feminism. The
contributors have chosen textual examples whose protagonists
actively struggle with the conflicting messages about masculinity.
These protagonists are more often works-in-progress, acknowledging
the limits of their negotiations and self-actualization. These
chapters also cover a wide range of genres and decades: from action
and fantasy to dramas and romantic comedy, from the late 1970s to
today. Taken together, the chapters of Screening Images of American
Masculinity in the Age of Postfeminism interrogate "the possible"
screened in popular movies and television series, confronting the
multiple and competing visions of masculinity not after or beyond
feminism but, rather, in its very wake.
This collection of essays presents a sampling of film and
television texts, interrogating images of U.S. masculinity. Rather
than using "postfeminist" as a definition of contemporary feminism,
this collection uses the term to designate the period from the late
1980s on-as a point when feminist thought gradually became more
mainstream. The movies and TV series examined here have achieved a
level of sustained attention, from critical acclaim, to mass
appeal, to cult status. Instead of beginning with a set hypothesis
on the effect of the feminist movement on images of masculinity on
film and television, these chapters represent a range of responses,
that demonstrate how the conversations within these texts about
American masculinity are often open-ended, allowing both male
characters and male viewers a wider range of options. Defining the
relationship between U.S. masculinity and American feminist
movements of the twentieth century is a complex undertaking. The
essays collected for this volume engage prominent film and
television texts that directly interrogate images of U.S.
masculinity that have appeared since second-wave feminism. The
contributors have chosen textual examples whose protagonists
actively struggle with the conflicting messages about masculinity.
These protagonists are more often works-in-progress, acknowledging
the limits of their negotiations and self-actualization. These
chapters also cover a wide range of genres and decades: from action
and fantasy to dramas and romantic comedy, from the late 1970s to
today. Taken together, the chapters of Screening Images of American
Masculinity in the Age of Postfeminism interrogate "the possible"
screened in popular movies and television series, confronting the
multiple and competing visions of masculinity not after or beyond
feminism but, rather, in its very wake.
This book defends the view that an award of an account of profits
(or 'disgorgement damages') for breach of contract will sometimes
be justifiable, and it fits within the orthodox principles and
cases in contract law. However, there is some confusion as to when
such an award should be made. The moral bases for disgorgement
damages are deterrence and punishment, which shape the remedy in
important ways. Courts are also concerned with vindication of the
claimant's performance interest, and it is pivotal that the
claimant can procure a substitute performance via an award of
damages or specific relief. The book argues that disgorgement
damages should be available in two categories of case: 'second
sale' cases, where the defendant breaches his contract with the
claimant to make a more profitable contract with a third party; and
'agency problem' cases, where the defendant promises the claimant
he will not do a certain thing, and the claimant finds it difficult
to supervise the performance. Moreover, disgorgement may be full or
partial, and 'reasonable fee damages' for breach of contract are
best understood as partial disgorgement rather than 'restitutionary
damages.' Equitable bars to relief should also be adopted in
relation to disgorgement damages, as should allowances for skill
and effort. Accounting for Profit for Breach of Contract will be of
interest to contract and commercial lawyers, and it will be
especially valuable to anyone with an interest in contract remedies
and restitution. The book draws on case law in a number of common
law jurisdictions, primarily England, Wales, and Australia.
(Series: Hart Studies in Private Law)
The father is an enduring and iconic figure in Hollywood cinema and
in the 1990s, narratives of redemptive fatherhood featured
prominently in some of the decade's most popular films like
Kindergarten Cop (1990), Mrs Doubtfire (1993), Jurassic Park (1993)
and The Lion King (1994). Interpreting such films through the lens
of feminist and queer theory, along with masculinity studies and
psychoanalysis, Katie Barnett offers an insightful and
interdisciplinary discussion of cinematic fathers. Barnett reveals
that the father figure is often portrayed as one that invests in
and is part of a discourse of reproductive futurism. This plays out
across a range of genres including rom-coms, fantasy, sci-fi,
drama, and disaster. By exploring both blockbuster and more
low-budget films of the 1990s, Barnett explores the figure of the
father against the crisis of masculinity in the United States, and
indeed more globally, at this time.
Remedies Cases and Materials in Australian Private Law presents a
selection of cases and legislation to introduce students to the
remedies available under Australian law. It offers the depth and
context required to understand and analyse the application of
private law remedies. Developed to accompany the second edition of
Remedies in Australian Private Law, and following its accessible
and systematic structure, this casebook contains carefully curated
extracts from landmark cases, legislation and secondary sources.
The selected extracts offer a comprehensive yet concise guide to
the application of remedies. Each chapter includes clear
explanations of topics and links to material in the principles
text, along with flowcharts and diagrams to summarise complex cases
and concepts. Review questions encourage students to analyse
decisions from important cases and test their knowledge. Written by
an expert author team, Remedies Cases and Materials in Australian
Private Law is an invaluable resource which enables students to
understand remedial law.
The second edition of Remedies in Australian Private Law offers
readers a clear and detailed introduction to remedies and their
functions under Australian law. Clearly structured, with a strong
black-letter law focus, the text provides a complete treatment of
remedies in common law, equity and statute and develops a framework
for understanding the principles of private law remedies and their
practical application. This edition has been significantly revised
and offers up-to-date coverage of case law and legislation,
including the Australian Consumer Law. Building on the detailed
treatment of remedies and their broad functions across a range of
private law categories, the new edition also offers expanded
coverage of vindicatory damages, debt, specific restitution and
coercive remedies. With its systematic and accessible approach,
this text enables students and practitioners to develop a coherent
understanding of remedial law, and to analyse legal problems and
identify appropriate remedial solutions.
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