The Death Of The Irreparable Injury Rule
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Author | : Douglas Laycock |
Publisher | : Oxford University Press |
Total Pages | : 375 |
Release | : 1991-01-17 |
Genre | : Law |
ISBN | : 0195362519 |
Download The Death of the Irreparable Injury Rule Book in PDF, Epub and Kindle
The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
Author | : Douglas Laycock |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : Equitable remedies |
ISBN | : 9780197718872 |
Download The Death of the Irreparable Injury Rule Book in PDF, Epub and Kindle
Drawing on an analysis of numerous cases, the author argues that the "irreparable injury" rule is defunct, since it no longer constrains a court's choice of remedy. He proposes new injury rules based on actual practice.
Author | : Richard L. Hasen |
Publisher | : Wolters Kluwer |
Total Pages | : 472 |
Release | : 2010-01-01 |
Genre | : Law |
ISBN | : 0735584613 |
Download Remedies Book in PDF, Epub and Kindle
Examples & Explanations: Remedies will be a new student favorite with its tried-and-true E&E format. This problem-oriented guide is designed and organized to complement any major remedies casebook and build student comprehension in a carefully constructed, step-by-step approach. It explains remedies, policies and rules, and uses examples to show how lawyers and judges apply the rules to formulate concrete solutions to disputes. Offering a logical and guided format, this valuable supplemental source for your students: covers the areas included in most remedies courses, including damages, injunctions, and restitution, as well as other important topics such as declaratory judgments, punitive damages, and remedial defenses; builds student understanding step-by-step, moving from the basics to the more complex and allowing students to apply the law to particular fact patterns; allows students to study chapters in any order; demystifies the language of remedies using straightforward and student-friendly examples, charts, and illustrations; shows students how to "do the math" related to issues such as computing compensatory damages, present value, and constructive trusts; offers compatibility with all major remedies books, including those that approach remedies through public law and those that approach it through private law; remains the only book in the field to provide both black letter law and examples and answers to build student knowledge; the level of complexity builds as examples continue in each chapter; discusses major remedies cases ( Hadley v. Baxendale ; State Farm v. Campbell ; Sullivan v. O'Connor ), provides detailed coverage of the draft Restatement (Third) of Restitution, and gives detailed analyses of remedies issues under Article 2 of the Uniform Commercial Code
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
Download Model Rules of Professional Conduct Book in PDF, Epub and Kindle
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : John Oberdiek |
Publisher | : |
Total Pages | : 464 |
Release | : 2014-02 |
Genre | : Law |
ISBN | : 0198701381 |
Download Philosophical Foundations of the Law of Torts Book in PDF, Epub and Kindle
This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
Author | : Richard L. Hasen |
Publisher | : Aspen Publishing |
Total Pages | : 541 |
Release | : 2023-11-20 |
Genre | : Law |
ISBN | : |
Download Examples & Explanations for Remedies Book in PDF, Epub and Kindle
A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis.
Author | : Douglas Laycock |
Publisher | : Aspen Publishing |
Total Pages | : 1504 |
Release | : 2018-11-06 |
Genre | : Law |
ISBN | : 1543806945 |
Download Modern American Remedies Book in PDF, Epub and Kindle
Modern American Remedies: Cases and Materials Concise Fifth Edition
Author | : California (State). |
Publisher | : |
Total Pages | : 328 |
Release | : |
Genre | : Law |
ISBN | : |
Download California. Court of Appeal (2nd Appellate District). Records and Briefs Book in PDF, Epub and Kindle
Number of Exhibits: 10 Received document entitled: APPENDIX OF OUT-OF-STATE AUTHORITIES CITED IN APPELLANT'S OPENING BRIEF
Author | : Thomas E. Patterson |
Publisher | : American Bar Association |
Total Pages | : 626 |
Release | : 2009 |
Genre | : Business & Economics |
ISBN | : 9781604424904 |
Download Handling the Business Emergency Book in PDF, Epub and Kindle
Author | : Kent Roach |
Publisher | : Cambridge University Press |
Total Pages | : 633 |
Release | : 2021-04-08 |
Genre | : Law |
ISBN | : 1108284817 |
Download Remedies for Human Rights Violations Book in PDF, Epub and Kindle
An innovative book that provides fresh insights into the neglected field of remedies in both international and domestic human rights law. Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules. It draws on the latest jurisprudence from the European and Inter-American Courts of Human Rights and domestic courts in Australia, Canada, India, New Zealand, Hong Kong, South Africa, the United Kingdom and the United States. Separate chapters are devoted to interim remedies, remedies for laws that violate human rights, damages, remedies in the criminal process, declarations and injunctions in institutional cases, remedies for violations of social and economic rights and remedies for violations of Indigenous rights.