The Death of the Irreparable Injury Rule

Hardcover | April 30, 1999

byDouglas Laycock

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The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almostnever affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equitydistinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there isno positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.

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From Our Editors

The Death Of The Irreparable Injury Rule argues that ancient rule is defunct--that is almost never affects the results of cases. When a court denies equitable relief, Laycock demonstrates, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy.

From the Publisher

The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almostnever affects the results of cases. When a cour...

Douglas Laycock is at University of Texas, Austin.

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Format:HardcoverDimensions:382 pages, 8.5 × 5.83 × 1.3 inPublished:April 30, 1999Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0195063562

ISBN - 13:9780195063561

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The Death Of The Irreparable Injury Rule argues that ancient rule is defunct--that is almost never affects the results of cases. When a court denies equitable relief, Laycock demonstrates, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy.

Editorial Reviews

"Laycock's carefully researched and clearly written statements of present doctrine push back the frontiers of learning; they will, if they find their way into the professional vernacular, improve students' and lawyers' understanding, judges' decisions, and the administration ofjustice."--Michigan Law Review