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Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - REMEDIES FOR TORTS AND BREACH OF CONTRACT

REMEDIES FOR TORTS AND BREACH OF CONTRACT by A. S. Burrows, M.A., B. C.L., LL.M., Barrister, Fellow of Lady Margaret Hall, Oxford. Butterworth & Co. (Publishers) Ltd., London (1987, Iviii and 417 pp., plus 17 pp. Index). Hardback £24; paperback £16.95.
The aim of this book is to provide a “detailed and coherent coverage of the judicial remedies for a tort or breach of contract”. It succeeds admirably. The material is organized according to the type of remedy sought rather than the type of legal action. Thus, the topic of compensatory damages is discussed under such headings as pecuniary loss, loss of reputation, physical inconvenience, awards of interest, and so on. The result is a book that is “user friendly” to the practitioner. The answers to a particular problem can be found in one section rather than being spread through a number of sections dealing with the different conceptual bases of recovery. The somewhat “bitty” appearance which could result from this form of presentation is reduced by the use of introductory chapters and sections to provide the linking themes.
The clarity of the writing is particularly impressive. Difficult topics such as causation and deduction of compensatory benefits are handled with skill. Extensive use of sub-headings makes the text easy to assimilate. Controversial issues such as the contributory negligence defence to contract actions, concurrent liability, the recovery of reliance losses and the relevance of the plaintiff’s impecuniosity are fully discussed and the views presented are sensible and balanced. A remedies text could be filled to overflowing with references to American and Commonwealth case law. Burrows resists this temptation and makes good, selective use of overseas material. Similarly, reference is made to the economic analysis of remedies, much in vogue across the Atlantic, only where it is of particular relevance, such as in the context of the penalty rules. Burrows is rightly critical of attempts to explain all remedy issues in the light of economic analysis. The overall approach is one which will inform and provoke further thought without overwhelming the practitioner with a mass of overseas case law or dogma.

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