The Death of the Irreparable Injury Rule
Book Details
Format
Hardback or Cased Book
ISBN-10
0195063562
ISBN-13
9780195063561
Publisher
Oxford University Press Inc
Imprint
Oxford University Press Inc
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Apr 11th, 1991
Print length
382 Pages
Weight
567 grams
Dimensions
21.80 x 14.70 x 3.20 cms
Product Classification:
Citizenship & nationality law Social law
Ksh 28,800.00
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The irreparable injury rule, a fixture of Anglo-American law, has been the subject of much recent scholarly debate. The rule asserts that courts should not prevent a potential wrongdoer from causing harm unless the resulting damage would be `irreparable'' because the victim could not be compensated monetarily for it.Drawing on an analysis of hundreds of randomly selected cases, Douglas Laycock argues that the rule is defunct since it no longer constrains courts'' choice of remedy. Focusing on what courts do rather than what they say, Laycock proposes new injury rules based on actual practice and reconceives the law of remedies and the relationship between law and equity, two of the great divisions of Anglo-American civil law.
The irreparable injury rule, a fixture of Anglo-American law, has been the subject of much recent scholarly debate. The rule asserts that courts should not prevent a potential wrongdoer from causing harm unless the resulting damage would be `irreparable' because the victim could not be compensated monetarily for it. Drawing on an analysis of hundreds of randomly selected cases, Douglas Laycock argues that the rule is defunct since it no longer constrains courts' choice of remedy. Focusing on what courts do rather than what they say, Laycock proposes new injury rules based on actual practice and reconceives the law of remedies and the relationship between law and equity, two of the great divisions of Anglo-American civil law.
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