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Remedies Reclassified

Rafal Zakrzewski

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is about the law of remedies. It establishes the boundaries of this discrete area of law and provides a new classification of remedies. The book first examines the difficulties of the term ... More


The Normative Foundations of Unjust Enrichment

Dennis Klimchuk

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0004
Subject:
Law, Law of Obligations, Philosophy of Law

There are two principal accounts of the normative foundations of unjust enrichment. The first holds that the plaintiff's right to restitution for unjust enrichment is a claim in corrective justice. ... More


Replicating Primary Rights: Equitable Remedies

Rafal Zakrzewski

in Remedies Reclassified

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter deals with remedies that originated in equity. Courts have historically approached the granting of these remedies from a different perspective. Although an actual or threatened ... More


Replicating Primary Rights: Common Law Remedies

Rafal Zakrzewski

in Remedies Reclassified

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter begins with remedies that replicate primary rights. For a primary right to be replicated in a court order it must satisfy three criteria. First, it must be infringed or in danger of ... More


Instability of ‘Remedy’

Rafal Zakrzewski

in Remedies Reclassified

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter draws attention to the promiscuity of the term ‘remedy’ and identifies a number of different senses in which it is used. It considers the extent of the concept's instability. ‘Remedy’ is ... More


The Right to Education

Jayna Kothari

in The Future of Disability Law in India: A Critical Analysis of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198077626
eISBN:
9780199080960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198077626.003.0011
Subject:
Law, Human Rights and Immigration

This chapter discusses provisions of the Indian Constitution concerning the right to free primary education and the co-relating rights to inclusive education guaranteed under Chapter V of the Persons ... More


Replicating Primary Rights: Statutory Remedies

Rafal Zakrzewski

in Remedies Reclassified

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter deals with the two most important statutory (or statute-based) remedies in private law: orders for the recovery of goods and declarations of primary rights. Both of these remedies ... More


What Do We Remedy?

Nicolas Cornell

in Civil Wrongs and Justice in Private Law

Published in print:
2020
Published Online:
July 2020
ISBN:
9780190865269
eISBN:
9780190865290
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190865269.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter examines the nature of civil wrongs from the perspective of the law of remedies, querying the supposition that remedies are exclusively responsive to primary rights violations and, in ... More


Equity as Supplemental Law

Paul B Miller

in Philosophical Foundations of the Law of Equity

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198817659
eISBN:
9780191859151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198817659.003.0006
Subject:
Law, Philosophy of Law

This chapter argues that implicit in the idea that equity intervenes to prevent persons from inequitably standing on or opportunistically exploiting their legal rights is a remedial conception of ... More


Group Secession

Levy O’Flynn.

in Deliberative Peace Referendums

Published in print:
2021
Published Online:
April 2021
ISBN:
9780198867036
eISBN:
9780191903816
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867036.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter looks at Deliberative Peace Referendums in the context of secession—that is, where the members of a territorially concentrated group seek legal and political separation from a larger ... More


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