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Rights, Wrongs, and Injustices – The Structure of Remedial Law - Oxford Scholarship Online
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Rights, Wrongs, and Injustices: The Structure of Remedial Law

Stephen A. Smith

Abstract

Rights, Wrongs, and Injustices is the first comprehensive account of remedial law’s scope, foundations, and structure. A remedy, it argues, is a judicial ruling, and remedial law is the body of rules governing the availability and content of remedies. Focusing on rulings that are intended to resolve private law disputes (e.g. awards of damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. Drawing on doctrinal, historical, and philosophical sources, it advances four main ... More

Keywords: remedies, private law, private law theory, contract law, tort law, restitution, unjust enrichment law, legal theory

Bibliographic Information

Print publication date: 2019 Print ISBN-13: 9780199229772
Published to Oxford Scholarship Online: January 2020 DOI:10.1093/oso/9780199229772.001.0001

Authors

Affiliations are at time of print publication.

Stephen A. Smith, author
James McGill Professor, McGill University