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Smith, Stephen A. --- "The structure of remedial law" [2019] ELECD 2311; in Halson, Roger; Campbell, David (eds), "Research Handbook on Remedies in Private Law" (Edward Elgar Publishing, 2019) 458

Book Title: Research Handbook on Remedies in Private Law

Editor(s): Halson, Roger; Campbell, David

Publisher: Edward Elgar Publishing

Section: Chapter 25

Section Title: The structure of remedial law

Author(s): Smith, Stephen A.

Number of pages: 18

Abstract/Description:

Notwithstanding its practical and 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 chapter 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?