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Full-Text Articles in Legal Remedies
Calculating Compensation Sums For Private Law Wrongs: Underlying Imprecisions, Necessary Questions, And Toward A Plausible Account Of Damages For Lost Years Of Life, Michael Pressman
University of Michigan Journal of Law Reform
The ubiquitous corrective-justice goals of “making a party whole” or “returning a party to the position she was in” are typically understood in monetary terms, and in this context, it is fairly clear what these terms mean. If, as this Article argues, these corrective-justice goals should instead be understood in terms of something that has intrinsic value, such as happiness, various imprecisions come to the fore. This Article identifies and explores these imprecisions and, in so doing, articulates a novel framework that can be used for understanding and systematizing our approach to private law remedies. This is the Article’s first …
What Do We Remedy?, Nicholas B. Cornell, Paul Miller, John Oberdiek
What Do We Remedy?, Nicholas B. Cornell, Paul Miller, John Oberdiek
Book Chapters
This chapter examines the nature of civil wrongs from the perspective of the law of remedies, querying the supposition that remedies are exclusively responsive to primary rights violations and, in turn, the related supposition that a civil wrong is nothing more the violation of a primary right and correlative duty. Here, remedies correct for wrongs, but it is essential to recognize that the nature of a wrong—and, in turn, the selection of an apt or responsive remedy—is not driven exclusively by the nature of the right that was violated by the wrongdoer. This chapter’s analysis is framed as a critique …
Evolution And Revolution: The Remedial Smorgasbord For Misleading Conduct In Australia, Elise Bant, Jeannie Marie Paterson
Evolution And Revolution: The Remedial Smorgasbord For Misleading Conduct In Australia, Elise Bant, Jeannie Marie Paterson
FIU Law Review
No abstract provided.