Death of the Irreparable Injury Rule

Zusatztext 'a perceptive work! and a number of features make it well worth reading ... it provides a very useful source ... of recent American cases taking unorthodox views of specific remedies ... This is an interesting! well-argued and thoughtful book. This reviewer! for one! whole-heartedly recommends it.'Andrew Tettenborn! Pembroke College! Cambridge! Civil Justice Quarterly! January 1992 Klappentext The Death Of The Irreparable Injury Rule argues that ancient rule is defunct--that is almost never affects the results of cases. When a court denies equitable relief! Laycock demonstrates! its real reasons are derived from the interests of defendants or the legal system! and not from the adequacy of the plaintiff's legal remedy. Zusammenfassung 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.

Détails du produit

• Auteurs: Douglas Laycock, Douglas (Alice Mckean Young Regents Chair Laycock, Douglas (Alice McKean Young Regents Chair in Law Laycock, Laycock Douglas
• Edition: Oxford University Press
• Langues: Anglais
• Format d'édition: Livre Relié
• Sortie: 17.01.1991
• EAN: 9780195063561
• ISBN: 978-0-19-506356-1
• Pages: 374
• Catégories: Sciences sociales, droit, économie > Droit > Droit du travail, droit social; USA, LAW / Civil Procedure, LAW / Constitutional, United States of America, USA, Social Law, Citizenship and nationality law, Citizenship & nationality law, Social law and Medical law