Overview

The law of judicial remedies, which includes the law of damages, ranges over the entire field of substantive private law, including the law of contract, tort, and property. In a pragmatic sense, an examination of the issue of remedies is crucial to civil litigators in that it provides critical insights into specific legal rules and arrangements. From a theoretical perspective, an understanding of the principles governing the choice of remedies and the methods of quantifying damages reveals much about the nature of the common law process. In Remedies: The Law of Damages, Professor Cassels has written a book that is both a succinct handbook for the practitioner and a rich entry point to the study of judge-made law for students. Unlike other texts, this book takes a functional and interest-based approach to the subject. The book is organized not so much according to whether the cause of action is in tort or contract, but rather according to the remedial purposes pursued and the interests at stake. Part One of the book deals with compensation, providing separate chapters that focus on the way in which courts treat different interests: economic, proprietary, physical, and intangible. Part Two describes the function of other non-compensatory damages such as restitutionary, punitive, and nominal damages. In both cases the author explains when a particular remedy is most appropriate and how that remedy is formulated and applied once chosen. Part Three of the book looks at the limiting or balancing principles that protect the defendant from undue liability, including rules regarding proof and certainty, remoteness, and mitigation of damages.

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9786611171667

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