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
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
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