Remedies

2020 ◽  
pp. 562-574
Author(s):  
Samuel L. Bray
Keyword(s):  
United States ◽  
The United States ◽  
Punitive Damages ◽  
Private Law ◽  
Judicial Process ◽  
Specific Performance ◽  
The Law ◽  
Substantive Law

This chapter describes the law of remedies, which has an independent and relatively coherent existence. It is available to be cross-referenced by the substantive law. This characteristic of remedies as a relatively cohesive body of law, which can be accessed by other bodies of law, is not unusual but is rather an aspect of law’s systematicity. The chapter then outlines the remedies available in private law in the United States. It looks at several themes that are developed in the New Private Law, including the systematicity of law, the distinctiveness of private law, the use of internal and external perspectives on the law, the centrality of the judicial process in the award of a remedy, and the continuing significance of the law of equity. The chapter also considers the competing rationales offered for private law remedies, emphasizing as primary that the defendant is restoring the plaintiff to the plaintiff’s rightful position. It also sketches how contract and tort achieve that goal, primarily through the development of measures and limiting principles. Moreover, the chapter introduces the panoply of remedies offered by equity, such as the injunction, specific performance, equitable rescission, accounting, and constructive trust. Finally, it introduces anomalies: statutory damages, punitive damages, and declaratory judgments.

Torts

2020 ◽  
pp. 260-276
Author(s):  
John C. P. Goldberg
Keyword(s):  
United States ◽  
Law And Economics ◽  
Tort Law ◽  
The United States ◽  
Law Students ◽  
Private Law ◽  
The Law ◽  
Core Features

In the United States and elsewhere, the Law and Economics movement has fundamentally reshaped how judges, lawyers, and law students understand tort law. And yet economic interpretations of tort law – as opposed to prescriptive analyses of tort problems that deploy economic methodologies – face insuperable difficulties. Why, then, do they endure? The answer is that some of the leading economic accounts actually manage to identify, albeit in a distorted way, many of tort law’s core features. In keeping with the emphasis of the New Private Law on analysis that is down-to-earth without being reductionist, this Chapter explains why these same features can be captured without distortion through an understanding of tort as a law of wrongs and redress.

Unjust Enrichment and Restitution

2020 ◽  
pp. 292-308
Author(s):  
Andrew Burrows
Keyword(s):  
United States ◽  
The United States ◽  
Private Law ◽  
Journal Articles ◽  
England And Wales ◽  
Legal Question ◽  
Unjust Enrichment ◽  
The Subject ◽  
The Creation ◽  
The Law

This chapter examines the contrast between the English and U.S. approaches to the law of unjust enrichment—otherwise known as the law of restitution—over the last forty years. In England and Wales, no area of private law has been subjected to greater academic scrutiny in the last forty years than the law of unjust enrichment. The subject has spawned hundreds of law journal articles, scores of monographs and textbooks, and even the creation of a dedicated law review (the Restitution Law Review, first published in 1993). In contrast, and until the New Private Law movement, there appears to have been a decline of interest over the same period in the law of unjust enrichment/restitution in the United States. The chapter then focuses on a very specific legal question that has recently troubled the English courts—the meaning of “at the expense of”—to illustrate the English doctrinal approach epitomized in the writings of Peter Birks, and the most prominent recent challenge to it.

Law and the Judiciary: Sobhanlal Datta Gupta: Justice and the Political Order in India: An Inquiry into the Institutions and Ideologies-1950-1972. K. P. Bagchi & Co; Calcutta, 1979, x, 299p., Rs. 65.

1980 ◽  
Vol 36 (3-4) ◽  
pp. 474-484
Keyword(s):  
United States ◽  
The United States ◽  
Political Order ◽  
The Political ◽  
Habeas Corpus ◽  
Judicial Process ◽  
Indian Constitution ◽  
The Law

LAW AND THE JUDICIARY: Sobhanlal Datta Gupta: Justice and the Political Order in India: An Inquiry into the Institutions and Ideologies—1950–1972. LAW AND THE JUDICIARY: H.M. Seervai: The Emergency, Future Safeguards and the Habeas Corpus Case: A Criticism. N.M. Tripathi LAW AND THE JUDICIARY: Rajeev Dhavan and Alice Jacob, Eds.: Indian Constitution—Trends and Issues. LAW AND THE JUDICIARY: Henry J. Abraham: The Judicial Process: An Introductory Analysis of the Courts of the United States, England and France. LAW AND THE JUDICIARY: S.N. Jain and Usha Logan: Eds.: Child and the Law.

Fun v. Pulgar and Albergrin

2019 ◽  
Vol 180 ◽  
pp. 722-727
Keyword(s):  
United States ◽  
The United States ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Commercial Activity ◽  
Domestic Servant ◽  
The Law ◽  
Diplomatic Immunity

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servant alleging that she had been trafficked and forced to work by former employers — Certification of diplomatic status of former employers — Whether diplomatic immunity continuing despite subsequent termination of diplomatic status — Whether commercial activity exception applicable to hiring of domestic servant — Whether subsequent attempts at service defective — Whether Court lacking jurisdiction — The law of the United States

Justifying “Wholesale Slaughter”

1975 ◽  
Vol 5 (2) ◽  
pp. 245-258
Author(s):  
Donald VanDeVeer
Keyword(s):  
United States ◽  
Young Children ◽  
Late Stage ◽  
Homo Sapiens ◽  
The United States ◽  
Human Being ◽  
Recent Trial ◽  
The Law

In a recent trial in the United States a physician was convicted of manslaughter during the performance of a hysterotomy on a woman pregnant from twenty to twenty eight weeks. Some members of the jury, in their deliberations, were much impressed by seeing a photograph of a fetus of about the same age. The experience apparently provided some jurors with reason to conclude that the fetus which did die during or immediately after the hysterotomy was a human being or a person or, at least, was so like a child that the killing of it was prohibited by the law of homicide. If being a human being is not the same as being a pre-natal progeny of homo sapiens, it is difficult to understand how one could “tell by looking” whether the fetus is a human being. But the sight of a fetus of twenty weeks or longer does, I think, tempt us to think that from a moral standpoint we ought to extend the same treatment to such fetuses, or virtually the same, as we extend to newborn babies and young children. The visual similarities between middle or late stage fetuses and newborn babies is striking.

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