Law of Remedies

Professor Franz Hofmann is a Professor of Law at the Friedrich-Alexander-University Erlangen-Nuremberg where he holds the Chair of Private Law, Intellectual Property and Technology Law.Franziska Kurz is a Research Assistant and PhD candidate at the Chair of Private Law, Intellectual Property and Technology Law at the Friedrich-Alexander-University Erlangen-Nuremberg.

• THE ISSUE OF REMEDIESIntroduction to the ‘Law of Remedies’ (p. 3)Remedies in English Private Law – A ‘Stand-Alone’ Research Area? (p. 27)Remedies in Private Law from a German Perspective (p. 45)Rights and Remedies in Public Law (p. 61)Economics of Remedies: The Perspective of Corporate Law (p. 81)MECHANISMS OF ENFORCEMENTPrivate Enforcement versus Public Enforcement (p. 107)Criminal Enforcement (p. 133)FUNCTIONS OF REMEDIESDisgorgement of Profits: Distributive and Deterrant Logics (p. 153)Preventive Liability and System of Sanctions in Tort (p. 169)UNDERLYING PRINCIPLESCommon Principles of Damages in EU Private Law? (p. 197)A Manifesto on Proportionality and Copyright Law: ‘Taking Remedies Seriously’ (p. 223)Asking Innocent Third Parties for a Remedy: Origins and Trends (p. 233)REMEDIES IN CONTRACT LAW AND INTELLECTUAL PROPERTYRemedies in European Contract Law: Themes and Controversies (p. 251)The Intersection between Economic Justifications for IP Rights and Cost of Enforcement in the English Courts (p. 275)