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    • 21772-01
    • Private Law Remedies: Theory, Law, and Practice
    • Brooks
    • Tue 4:10 PM-6:00 PM
    • 2
    • -
    • open enrollment
    • paper required

    Private Law Remedies: Theory, Law, and Practice (21772). 2 units. Over the last decade there has been a revival of sorts in private law theory, with particular emphasis on private law remedies. This seminar will explore the theoretical literature on private law remedies along with the case law and doctrines that undergird this theory. Subject matter areas include property, torts, restitution and unjust enrichment, fiduciary relations and especially contracts. Statutory, equitable and legal remedies—including compensatory damages, disgorgement, injunctions, declaratory judgments, rescission, reformation, liquidated and punitive damages—are considered across subject matter areas from a historical, jurisprudential and functional economic perspective. These perspectives well highlight competing normative aims of remedies, such as corrective, distributive and retributive justice in addition to expressive and instrumental concerns relating to promoting certain behaviors, deterring others, aligning incentives and enhancing efficiency. With respect to some remedies, the seminar will also offer a comparative perspective by addressing modern remedial approaches in China, national European regimes, commonwealth countries and elsewhere. Self-scheduled examination. R.R.W. Brooks.

    Location: SLB - 113 (Tue)
    Grade mode: graded
    CRN: 23930