How should fundamental theoretical questions about the law of remedies be addressed? By taking a 'common sense' justification for the provision of remedies. This is the central thesis of the paradigm-setting new book. It argues that damages should determine what wrongdoers ought to do post-wrong to conform with the law needing to be enforced. Ultimately, this points to non-compensatory curative damages, which often take the shape of monetary remedies. The book illustrates how English law does recognise this category of remedy. This is a significant contribution to our understanding of the purpose and nature of damages in private law.
Inhaltsverzeichnis
i. Introduction
ii. Remedies? For wrongs?
iii. Ubi ius, ibi remedium
iv. Remedies, law's claims, and law's aims
v. What we owe to each other (after)
vi. Taking stock
vii. Setting the scene
viii. Hidden in plain sight
ix. Refusing substitutive performance
x. Conclusion
