The Structure of Remedial Law

Research Handbook on Private Law Remedies, D Campbell & R Halson, eds. (Edward Elgar, 2019 Forthcoming)

26 Pages Posted: 6 Oct 2018

See all articles by Stephen Smith

Stephen Smith

McGill University - Faculty of Law

Date Written: September 5, 2018

Abstract

Notwithstanding its practical and, at least in the common law, historical importance, remedial law as a legal category has attracted little attention. The kinds of broad questions that courts and commentators regularly ask about the scope, nature, and aims of substantive law subjects such as contract law and tort law have not been asked about remedial law. This paper addresses this gap. It focuses on four fundamental questions about remedial law’s structure: (1) What is a remedy? (2) Why does the law provide remedies? (3) When are remedies available? and (4) What kinds of remedies are available?

Keywords: remedies, private law, private law theory, tort law, contract law

JEL Classification: K10, K12, K13

Suggested Citation

Smith, Stephen, The Structure of Remedial Law (September 5, 2018). Research Handbook on Private Law Remedies, D Campbell & R Halson, eds. (Edward Elgar, 2019 Forthcoming) . Available at SSRN: https://ssrn.com/abstract=3244614

Stephen Smith (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal, Quebec H3A 1W9
Canada
1-514-398-6633 (Phone)
1-514-398-3233 (Fax)

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