LAW 7778 - Remedies

Remedies law is of immense practical significance. All litigators need to know about remedies, as winning on liability is a hollow victory if no effective remedy is won as well, but transactional lawyers also need to know about the extent and limits of court-ordered remedies if they are to render effective advice to clients. Clients are rarely interested in principle of the thing; they want to know what the law can do for or to them, and that question is answered in the civil contest by remedies law. This class will examine the different types of remedies available, such as compensatory, preventive, punitive and ancillary. It will also look at the nature of proof required to qualify for each of these types of remedies: for example, how to value non-monetary losses or when injunctive relief is appropriate. Finally, it will look at some of the defenses that a defendant who has lost on liability may nevertheless raise against the imposition of particular remedies.