Theory of Remedies

Question 1

Theory of Remedies:

Answer 1

o Remedies are the natural thing that flows out of legal rights. Everything ends in a remedy, as even when the focus of a trial is substantive law, a remedy is given in response.
o Remedies give people a sense of having legal obligations in society affecting social behaviours and how people treat each other. I.e. remedies influencing how people will react when breaking contracts.
o Core Part of Remedies Remedies cover public concerns and societal values: different remedies based on severity of breach of the law (crim law vs breach of contract)
 a remedy is a new obligation for an individual owing to the court (judicial order) that this wrongdoer will follow through with what the court has ordered.
 This makes remedies distinct from substantive law and creates a public relationship with the court and the private individuals. In contrast, substantive law is comprised of rules governing how individuals should treat each (i.e. contracts).
* Remedies makes rules for the courts how to assess damages, as there is no duty for parites to pay damages until the court orders them.