Add to ORKGThe material in the chapter critiques two significant legal classificatory schemes: the Birksian classification of legal rights according to their causative event - wrongs and not-wrongs, and Zakrzewski’s complimentary classification of remedies depending on whether they restate or create a substantive right. Both schemes seek legal certainty and seek to provide guidance in the development of the law. Case law involving the bribe-taking fiduciary and the recognition of the availability of proprietary relief question assumptions underlying both schemes and the results they predict
This book discusses the various approaches to and types of remedies available for violations of inte...
[First paragraph] One of the most striking changes in academic research and teaching in recent times...
For more than a century Lister v Stubbs (1890) 45 Ch D 1 stood as authoritative Court of Appeal judg...
From the publisher This chapter offers an overview and analysis of fiduciary remedies. The remedies ...
This chapter examines the nature of civil wrongs from the perspective of the law of remedies, queryi...
Often, private law remedies enforce or vindicate infringed underlying rights. Substantive remedies a...
This Article demonstrates that the underlying aim of remedies for wrongfully issued preliminary inju...
The fundamental question of private law’s remedies is how do subsequent remedial actions rationally ...
Traditionally, courts equated rights and remedies. Consequently, courts sought to provide remedies f...
The vast majority of practicing lawyers do not really understand restitutionary remedies and why suc...
With his ‘event-based classification’, the late Peter Birks provided a coherent and principled frame...
This chapter examines the nature and origins of legal responsibility for gain in private law. Contra...
In its most recent decision narrowly construing Bivens v. Six Unknown Named Agents of Federal Bureau...
This chapter considers the application of the Birksian theoretical structure for restitution/unjust ...
The law of judicial remedies deals with the nature and scope of relief afforded a plaintiff followin...
This book discusses the various approaches to and types of remedies available for violations of inte...
[First paragraph] One of the most striking changes in academic research and teaching in recent times...
For more than a century Lister v Stubbs (1890) 45 Ch D 1 stood as authoritative Court of Appeal judg...
From the publisher This chapter offers an overview and analysis of fiduciary remedies. The remedies ...
This chapter examines the nature of civil wrongs from the perspective of the law of remedies, queryi...
Often, private law remedies enforce or vindicate infringed underlying rights. Substantive remedies a...
This Article demonstrates that the underlying aim of remedies for wrongfully issued preliminary inju...
The fundamental question of private law’s remedies is how do subsequent remedial actions rationally ...
Traditionally, courts equated rights and remedies. Consequently, courts sought to provide remedies f...
The vast majority of practicing lawyers do not really understand restitutionary remedies and why suc...
With his ‘event-based classification’, the late Peter Birks provided a coherent and principled frame...
This chapter examines the nature and origins of legal responsibility for gain in private law. Contra...
In its most recent decision narrowly construing Bivens v. Six Unknown Named Agents of Federal Bureau...
This chapter considers the application of the Birksian theoretical structure for restitution/unjust ...
The law of judicial remedies deals with the nature and scope of relief afforded a plaintiff followin...
This book discusses the various approaches to and types of remedies available for violations of inte...
[First paragraph] One of the most striking changes in academic research and teaching in recent times...
For more than a century Lister v Stubbs (1890) 45 Ch D 1 stood as authoritative Court of Appeal judg...