'It's Not Just About the Money' - Enhancing the Vindicatory Effect of Private Law Remedies

Monash University Law Review, Vol. 37, No. 1, p. 216, 2011

Monash University Faculty of Law Legal Studies Research Paper No 2011/01

26 Pages Posted: 8 Mar 2012

See all articles by Robyn Carroll

Robyn Carroll

University of Western Australia

Normann Witzleb

Monash University - Faculty of Law; The Chinese University of Hong Kong

Date Written: 2011

Abstract

Affirmation of a plaintiff’s rights where they have been infringed is at the heart of the legal process. In recent years, interest in the vindicatory purpose of the law has increased. This article examines the role of remedies law in giving effect to rights that protect personality interests including reputation, dignity and feelings. We argue that plaintiffs who express a preference for a non-monetary order will often not feel sufficiently vindicated if they are limited to an award of damages. In these circumstances, a court should give due weight to a plaintiff’s preference, or at least acknowledge their preference, in their judicial pronouncement. There is untapped potential to strengthen both the vindicatory purpose and the therapeutic effect of law through non-monetary remedies and judicial pronouncements.

Keywords: vindication, reputation, dignity, feelings, monetary order, non-monetary order, plaintiff, declarations, corrections, apologies, private law remedies

JEL Classification: K00, K10, K12, K13, K30, K40, K49

Suggested Citation

Carroll, Robyn and Witzleb, Normann and Witzleb, Normann, 'It's Not Just About the Money' - Enhancing the Vindicatory Effect of Private Law Remedies (2011). Monash University Law Review, Vol. 37, No. 1, p. 216, 2011, Monash University Faculty of Law Legal Studies Research Paper No 2011/01, Available at SSRN: https://ssrn.com/abstract=2018099

Robyn Carroll

University of Western Australia ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

Normann Witzleb (Contact Author)

The Chinese University of Hong Kong ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Kowloon, Sha Tin
Hong Kong

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
162
Abstract Views
1,036
rank
251,216
PlumX Metrics