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The New Law of Remedies.

The New Law of Remedies. 英国の新しい原状回復法

・ISBN 978-1-84113-153-5 hard

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著者・編者Wright, David,
出版社(Hart, UK)
出版年月2002
ページ数320 pp.
言語ENG
ニュース番号<487-975>

解説

The author of this work argues that the emergence of a new law of remedies is becoming apparent in 2002, and that the shortcomings of the traditional law of remedies render it increasingly unhelpful. The text sets out to highlight the way in which the law of remedies is being transformed, and offers a design for a new law of remedies, in which emphasis will be put on awarding the most appropriate remedy in each case. In offering a new way of understanding the law of remedies the book advocates a cautious development in the law, demonstrating that in the vast majority of cases the traditional remedial response will not be altered, and that results will often remain the same. However, though the results may be familiar, this is not to suggest that the new law of remedies is without impact, the destination being the same under the two remedial systems but their processes quite different. The author concludes that only the new law of remedies is capable of developing in harmony with the rapidly changing common law.