Stephen Smith, ‘The Structure of Remedial Law’

Notwithstanding its practical and, at least in the common law, historical importance, remedial law as a legal category has attracted little attention. The kinds of broad questions that courts and commentators regularly ask about the scope, nature, and aims of substantive law subjects such as contract law and tort law have not been asked about remedial law. This paper addresses this gap. It focuses on four fundamental questions about remedial law’s structure: (1) What is a remedy? (2) Why does the law provide remedies? (3) When are remedies available? and (4) What kinds of remedies are available?

Smith, Stephen, The Structure of Remedial Law (September 5, 2018). Research Handbook on Private Law Remedies, D Campbell and R Halson, eds (Edward Elgar, 2019 forthcoming).

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