Remedies Reclassified

Hardcover | July 13, 2005

byRafal Zakrzewski

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This book is about the law of remedies. It establishes the boundaries of this discrete area of law and provides a new classification of remedies.Zakrzewski first examines the difficulties of the term 'remedy', and identifies the most robust notion of a remedy. Remedies are broadly approximated to court orders; more strictly, they are the rights arising from these orders. This enables a rigorous separation of remedies from substantive rights,that is, rights which exist before the making of a court order.The author then reviews established classifications of remedies, showing how they are seriously deficient and developing a new taxonomy based upon the relationship between substantive rights and remedies. This provides a much better understanding of that relationship, especially of the role ofjudicial discretion in the granting of remedies. The book then moves on to provide an overview of remedies in private law within the new analytical framework. It shows how each order that may be made by a court in a civil case gives effect to the substantive rights of the parties to the dispute. Particular primary and secondary (or remedial)rights, such as rights to damages, are carefully disentangled from the remedies which effectuate them, and the similarities and differences between various remedies are revealed. This book provides a new way to view remedies and substantive rights. It insists that the law of remedies must not reproduce parts of the law of substantive rights under a different name. For the first time, remedies are established as a stable and distinct area of law.

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This book is about the law of remedies. It establishes the boundaries of this discrete area of law and provides a new classification of remedies.Zakrzewski first examines the difficulties of the term 'remedy', and identifies the most robust notion of a remedy. Remedies are broadly approximated to court orders; more strictly, they are t...

Dr Rafal Zakrzewski is an Assistant Parliamentary Counsel of the UK, a Solicitor of the Supreme Court of Queensland and a Solicitor of the Supreme Court of England and Wales.

other books by Rafal Zakrzewski

The Law of Rescission
The Law of Rescission

Kobo ebook|Dec 11 2014

$215.59 online$279.93list price(save 22%)
Format:HardcoverDimensions:268 pages, 9.21 × 6.14 × 0.8 inPublished:July 13, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019927875X

ISBN - 13:9780199278756

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Table of Contents

Table of CasesTable of Statutes1. Introduction2. Instability of 'Remedy'3. Writers on 'Remedies'4. Stable Core Meaning of 'Remedy'5. Classification of Remedies6. Discretion and Remedies7. Replicating Primary Rights: Common Law Remedies8. Replicating Primary Rights: Equitable Remedies9. Replicating Primary Rights: Statutory Remedies10. Replicating Secondary Rights: Common Law Remedies11. Replicating Secondary Rights: Equitable Remedies12. Replicating Secondary Rights: Statutory Remedies13. Transformative Remedies14. ConclusionBibliography

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