The Death of the Irreparable Injury Rule

The Death of the Irreparable Injury Rule

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The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.show more

Product details

  • Hardback | 374 pages
  • 147.1 x 218.2 x 31.8mm | 566.11g
  • Oxford University Press Inc
  • New York, United States
  • English
  • New.
  • 0195063562
  • 9780195063561

Back cover copy

The Death Of The Irreparable Injury Rule argues that ancient rule is defunct--that is almost never affects the results of cases. When a court denies equitable relief, Laycock demonstrates, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy.show more

Review quote

'a perceptive work, and a number of features make it well worth reading ... it provides a very useful source ... of recent American cases taking unorthodox views of specific remedies ... This is an interesting, well-argued and thoughtful book. This reviewer, for one, whole-heartedly recommends it.' Andrew Tettenborn, Pembroke College, Cambridge, Civil Justice Quarterly, January 1992 `it is a very scholarly and readable examination of the way in which a lack of judicial courage ... has hampered the speedy development of a more practically effective law of remedies in the United States.' The Cambridge Law Journalshow more