Remedies Reclassified

Author: Rafal Zakrzewski
Publisher: Oxford University Press
ISBN: 9780199278756
Published In: March 2005
Format: Hardback , 268 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
Reviews

Details

Provides a new way to view remedies, establishing the boundaries of this discrete area of law and providing a new classification
Systematically compares for the first time how each order that may be made by a court in a civil case gives effect to the rights of parties to a dispute
Shows how each type of private law right is given effect in a remedy and compares how remedies are enforced

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 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.

Readership: Academics specialising in remedies, equity, obligations, or commercial law, post-graduate/advanced students, interested judiciary and practitioners

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

Rafal Zakrzewski, Assistant Parliamentary Counsel of the UK and Solicitor of the Supreme Court of Queensland and Solicitor of the Supreme Court of England and Wales

"Doctoral theses published as monographs rarely make useful student texts but this book on remedies is an exception.... this is a comprehensive book - or at least it is comprehensive in the area of private law - that...covers the common law, equitable and statutory remedies in an informative, clear and concise manner. Each remedy is analysed according to the same formula, namely under the headings of the form of the order, the nature of the remedy, the nature of the substantive right replicated, and enforcement. And within this formula the author often makes a number of very pertinent observations which more general textbooks on private law overlook Cambridge Law Journal"

"Remedies Reclassified is a major contribution to the common law library. It is the first book length study devoted exclusively to the classification of private law remedies. It is clearly written and (as befits a book on classification) beautifully organised. More importantly, it develops and defends a classificatory scheme that succeeds to a significant degree in illuminating not just the law of remedies but the wider private law....The classificatory scheme developed in Remedies seems likely to provide the foundation for future debates in this area. Dr Zakrzewski's substantive arguments are important, the scheme he develops is at once broad in scope but relatively simple in structure, and the whole is presented clearly and succinctly....All readers will be inspired to think about private law in ways they had not done before and to ask questions they had not considered previously Law Quarterly Review"