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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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Remedies Reclassified


ISBN13: 9780199278756
ISBN: 019927875X
Published: March 2005
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £88.00



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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 moves on to review 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 of judicial 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.

Subjects:
Remedies and Damages
Contents:
Table of Cases; Table of Statutes; 1 Introduction; 2 Instability of 'Remedy'; 3 Writers on 'Remedies'; 4 Stable Core Meaning of 'Remedy'; 5 Classification of Remedies; 6 Discretion and Remedies; 7 Replicating Primary Rights: Common Law Remedies; 8 Replicating Primary Rights: Equitable Remedies; 9 Replicating Primary Rights: Statutory Remedies; 10 Replicating Secondary Rights: Common Law Remedies; 11 Replicating Secondary Rights: Equitable Remedies; 12 Replicating Secondary Rights: Statutory Remedies; 13. Transformative Remedies; 14. Conclusion; Bibliography