Form and Substance in Equitable Remedies

A Robertson & M Tilbury, eds, Divergences in Private Law (Oxford: Hart Publishing, 2016) 321-42

34 Pages Posted: 5 Jul 2016

See all articles by Stephen Smith

Stephen Smith

McGill University - Faculty of Law (deceased)

Date Written: June 27, 2016

Abstract

This essay defends a non-historical explanation of the form and availability of specific relief. Focusing on practical differences in the ways in which the results contemplated by awards of specific and non-specific relief may be realized, the essay argues that it is unnecessary to know anything about the alleged distinctiveness of Equity to understand the rules governing specific relief. With only a few exceptions, these rules could have easily developed in a unitary court system.

Keywords: remedies, private law, private law theory

Suggested Citation

Smith, Stephen, Form and Substance in Equitable Remedies (June 27, 2016). A Robertson & M Tilbury, eds, Divergences in Private Law (Oxford: Hart Publishing, 2016) 321-42, Available at SSRN: https://ssrn.com/abstract=2801279

Stephen Smith (Contact Author)

McGill University - Faculty of Law (deceased)

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