Stephen Smith, ‘Form and Substance in Equitable Remedies’

Abstract:
This essay defends a non-historical explanation of the form and availability of specific relief. Focusing on practical differences in the ways in which the results contemplated by awards of specific and non-specific relief may be realized, the essay argues that it is unnecessary to know anything about the alleged distinctiveness of Equity to understand the rules governing specific relief. With only a few exceptions, these rules could have easily developed in a unitary court system.

Smith, Stephen A, Form and Substance in Equitable Remedies (June 27, 2016). A Robertson and M Tilbury, eds, Divergences in Private Law (Oxford: Hart Publishing, 2016) 321-42.

Leave a Reply