Remedies in Private Law

What will and should private law do for a right-holder when their rights have been violated or are under threat? These are the core questions studied by this course. It examines the fundamental concepts and principles of private law remedies. It covers compensation, restitution for wrongs, punitive awards, agreed remedies, coercive orders to perform duties (i.e. injunctions and specific performance), and provides a short introduction to restitution of unjust enrichment. There are three notable features of the course. First, it draws comparisons across tort, contract, and equity. Second, it looks at the normative foundations of the law’s approach and how the law could be improved in light of those foundations. Third, though focused on US law, it draws some comparisons with other common law jurisdictions.