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The law of judicial remedies determines the nature and scope of the relief to be given to a plaintiff once that plaintiff has established a substantive right by appropriate in-court procedures. The two major remedial questions are :
(1) what remedy or combination of remedies can or should be awarded?
(2) what is the measure, or the scope, of the remedy chosen?
Remedial rules that answer these questions point lawyers to proof required in the same way that substantive rules do. For instance a rule that measure damages for breach of a contract to sell a house by the difference between the contract price and the market price of the house tells the lawyer that she must prove both the contract price and the market price. There are important difference between remedial and substantive law." Dan Dobbs, Law on Remedies 1 (1993).
| Introduction | ||
| Class | Name | Suggested Readings |
| Thurs Aug 28 |
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| Sept. 2 |
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Dobbs, 1 - 47 |
| Sept. 4 |
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