Substitutive Remedies

How should fundamental theoretical questions about the law of remedies be addressed? By taking a ‘common sense’ justification for the provision of remedies. This is the central thesis of the paradigm-setting new book. It argues that damages should determine what wrongdoers ought to do post-wrong to conform with the law needing to be enforced. Ultimately, this points to non-compensatory curative damages, which often take the shape of monetary remedies. The book illustrates how English law does recognise this category of remedy. This is a significant contribution to our understanding of the purpose and nature of damages in private law.