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Do The Right Thing: Indirect Remedies In Private Law, Daphna Lewinsohn-Zamir
Do The Right Thing: Indirect Remedies In Private Law, Daphna Lewinsohn-Zamir
Daphna Lewinsohn-Zamir
Private law provides diverse remedies for right violations: compensatory and punitive, monetary and non-monetary, self-help and court-awarded. The literature has discussed these (and other) classifications of remedies, yet it overlooked the important distinction between direct and indirect remedies. Some remedies directly order right-infringers to realize the desired outcome, while others bring it about indirectly, by inducing them to self-comply. This classification cuts across the traditional ones.
This Article fills the gap in the literature by introducing the novel category of indirect remedies. It identifies how indirect remedies are used in current legal rules—with examples from property, contract, torts, intellectual property …
Can't Buy Me Love: Monetary Versus In-Kind Remedies, Daphna Lewinsohn-Zamir
Can't Buy Me Love: Monetary Versus In-Kind Remedies, Daphna Lewinsohn-Zamir
Daphna Lewinsohn-Zamir
The choice of appropriate remedies is a major concern in all legal spheres, yet little has been done to determine which remedies people actually prefer. Scholarly debates on this issue are typically based on theoretical arguments and intuitions rather than experimental or empirical data. It is often assumed that people are indifferent between in-kind and monetary remedies of equal pecuniary value. Consequently, some scholars have argued, for instance, that people ordinarily view a contractual obligation as an option to either perform in-kind or pay expectation damages.
This Article challenges the conventional wisdom that monetary remedies are usually a satisfactory substitute …