The Death of the Irreparable Injury Rule

Released on by Douglas Laycock
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  • The Death of the Irreparable Injury Rule Book Detail

  • Author : Douglas Laycock
  • Release Date : 1991-01-17
  • Publisher : Oxford University Press
  • Genre : Law
  • Pages : 375
  • ISBN 13 : 0195362519
  • File Size : 6,6 MB
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The Death of the Irreparable Injury Rule by Douglas Laycock PDF Summary

Book Description: The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, 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. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.

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The Death of the Irreparable Injury Rule

The Death of the Irreparable Injury Rule

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The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the leg

The Death of the Irreparable Injury Rule

The Death of the Irreparable Injury Rule

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Drawing on an analysis of numerous cases, the author argues that the "irreparable injury" rule is defunct, since it no longer constrains a court's choice of rem

Remedies

Remedies

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Examples & Explanations: Remedies will be a new student favorite with its tried-and-true E&E format. This problem-oriented guide is designed and organized to co