The Death Of The Irreparable Injury Rule
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The Death Of The Irreparable Injury Rule
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Author : Douglas Laycock
language : en
Publisher: Oxford University Press
Release Date : 1991-01-17
The Death Of The Irreparable Injury Rule written by Douglas Laycock and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-01-17 with Law categories.
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.
The Death Of The Irreparable Injury Rule
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Author : Douglas Laycock
language : en
Publisher:
Release Date : 2023
The Death Of The Irreparable Injury Rule written by Douglas Laycock and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Equitable remedies categories.
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.
Remedies
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Author : Richard L. Hasen
language : en
Publisher: Wolters Kluwer
Release Date : 2010-01-01
Remedies written by Richard L. Hasen and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
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
Philosophical Foundations Of The Law Of Torts
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Author : John Oberdiek
language : en
Publisher: OUP Oxford
Release Date : 2014-03-20
Philosophical Foundations Of The Law Of Torts written by John Oberdiek and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-20 with Law categories.
Contemporary philosophy and tort law have long enjoyed a happy union. Tort theory today is an exceptionally active and wide ranging field within legal philosophy. This volume brings together established and emerging scholars from around the world and from varying disciplines that bring their distinct perspective to the philosophical problems of tort law. These ground breaking essays advance longstanding debates and open up new avenues of enquiry thus deepening and broadening the field. Contributions cover the major problematic areas of tort law, such as the relations between responsibility, fault, and strict liability; the morality of harm, compensation, and repair; and the relationship of tort with criminal and property law among many others.
Examples Explanations For Remedies
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Author : Richard L. Hasen
language : en
Publisher: Aspen Publishing
Release Date : 2023-11-20
Examples Explanations For Remedies written by Richard L. Hasen and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-20 with Law categories.
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.
Modern American Remedies
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Author : Douglas Laycock
language : en
Publisher: Aspen Publishing
Release Date : 2018-11-06
Modern American Remedies written by Douglas Laycock and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-06 with Law categories.
Modern American Remedies: Cases and Materials Concise Fifth Edition
Remedies For Human Rights Violations
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Author : Kent Roach
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-08
Remedies For Human Rights Violations written by Kent Roach and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-08 with Law categories.
Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Harvard Law Review Volume 131 Number 8 June 2018
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Author : Harvard Law Review
language : en
Publisher: Quid Pro Books
Release Date : 2018-06-07
Harvard Law Review Volume 131 Number 8 June 2018 written by Harvard Law Review and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-07 with Law categories.
Religious Liberty Volume 5
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Author : Douglas Laycock
language : en
Publisher: Wm. B. Eerdmans Publishing
Release Date : 2018-12-18
Religious Liberty Volume 5 written by Douglas Laycock and has been published by Wm. B. Eerdmans Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-18 with Law categories.
One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious-liberty cases in the United States Supreme Court. His noteworthy scholarly and popular writings are being collected in five comprehensive volumes under the title Religious Liberty. In this final volume Laycock documents the use of the Constitution’s Free Speech Clause and Establishment Clause in legal briefs, scholarly and popular articles, House testimonies, and written debates. These two clauses have been vitally important in religious-liberty cases concerning religious speech in schools, politics, and the workplace, government funding of religious schools and social services, and the meaning of separation of church and state.
Handling The Business Emergency
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Author : Thomas E. Patterson
language : en
Publisher: American Bar Association
Release Date : 2009
Handling The Business Emergency written by Thomas E. Patterson and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.