Introduction

• Author: Jamie Cassels/Elizabeth Adjin-Tettey
• Profession: Professor of Law, Vice President Academic, and Provost, University of Victoria/Professor of Law, University of Victoria
• Pages: 1-12

1

CHAPTER 1

INTRODUCTION

A. SCOPE AND SIGNIFICANCE OF THE

SUBJECT

The law of remedies provides perhaps the richest entry point into the

study of the n ature of judge-made law. The law of judicial remedies,

which includes the law of da mages, ranges over the ent ire f‌ield of sub-

stantive pr ivate law, including the law of contract, tort, and property.

An appreciation of the principles governing the choice of remedies and

the method s of damages quantif‌ication provides cr itical insights into

specif‌ic legal r ules and arrangements, a s well as into the nature of the

common l aw process generally. From a pragmatic point of view, the

issue of remedies is of utmost importance in civil litigation since a right

has practical value only to the extent that it is vindicated by an adequate

remedy. From a theoretical point of view, the law of remedies is also of

primary signif‌icance bec ause the remedies that courts choose to make

available to v indicate a right reveal much about the nature, purpose,

and scope of t hat right. To the extent that the key to understanding

law lies in an examin ation of what legal off‌icials do, rather than wh at

they merely say, close scrutiny of the actual remedial outcomes of cases

teaches much about law.

Despite their obvious importance, until recently, remedies have

been t reated more as an afterthought than as an independent are a of

study. Once the question of li ability was established, it was assumed

the appropriate remedy automatically presented itself as a ref‌lexive out-