The Death of the Irreparable Injury Rule
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Product details:
- Publisher OUP USA
- Date of Publication 11 April 1991
- ISBN 9780195063561
- Binding Hardback
- No. of pages382 pages
- Size 218x147x31 mm
- Weight 567 g
- Language English 0
Categories
Long description:
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.
`it is a very scholarly and readable examination of the way in which a lack of judicial courage ... has hampered the speedy development of a more practically effective law of remedies in the United States.'
The Cambridge Law Journal
