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Full-Text Articles in Legal Remedies
Torts, Frederick J. Moreau
Remedies, Kenneth H. York
Remedies, Kenneth H. York
Cal Law Trends and Developments
Remedial problems are best dealt with in the context of substantive law situations. However, the disparate characteristics of restitution, equitable remedies, and damages necessitate some generalized preliminary comment. We regret that the points raised in the California cases during a one-year period do not form a tidy or cohesive pattern or adapt themselves to a symmetrical outline.
Torts, Frederick J. Moreau
Remedies, Kenneth H. York
Remedies, Kenneth H. York
Cal Law Trends and Developments
It is a curious circumstance that, although the sole purpose of a lawsuit is to obtain redress of some sort, the remedial aspects of cases are usually shunted to the back of the litigational bus from which they emerge belatedly, casually, and somewhat rumpled. Anyone searching for illuminating bits of remedial lore in California (or any other) advance sheets must be prepared to rummage about among tag-end paragraphs of literally hundreds of civil cases from which such interest as may originally have existed in parties, facts, controversy, strategy, or even style has long since been drained away.
However, remedial considerations …
Remedies, Kenneth H. York
Remedies, Kenneth H. York
Cal Law Trends and Developments
This article will cover the remedial aspects of civil cases, and as such will mention several decisions which are reviewed elsewhere in this volume in a substantive law context. It will concentrate upon the California courts' application of various legal remedies (principally damages), equitable remedies (including the existence of equitable jurisdiction), and restitutionary remedies (both legal and equitable) with some reference to the substantive elements needed for restitution.