Remedies Reclassified

Remedies Reclassified is a book about the law of remedies. It focuses on court orders and shows how each kind of court order gives effect to legal rights in a civil case. It establishes the boundaries of this area of law, providing a new way to view remedies and substantive rights. For the first time, remedies are established as a stable and distinct area of law.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.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 rightreplicated, 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`It is also refreshing to see that Zakrzewski is sceptical about thedistinction between 'dept' and 'liquidated damages'...With respect to coherenceof classification, Zakrzewski makes a number of valid and important points aboutdouble-counting and the like...In substance, the, Zakrzewski's monograph isvaluable in a descriptive and informative sense.'Geoffrey Samuel, Cambridge Law Journal 65(1)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 inRemedies 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 tothink about private law in ways they had not done before and to ask questions they had not considered previously Law Quarterly Review_"This book is about the law of remedies. It establishes the boundaries of this area of law and sets out a new classification of remedies." "Zakrzewski provides a new way of looking at remedies and substantive rights. He 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 rigorously treated as constituting a stable and discrete area of law."--BOOK JACKET. Title Summary field provided by Blackwell North America, Inc. All Rights Reserved