
The Death of the Irreparable Injury Rule
Douglas Laycock(Author)
Oxford University Press Inc
Published on 11. April 1991
Book
Hardback
382 pages
978-0-19-506356-1 (ISBN)
Description
The irreparable injury rule, a fixture of Anglo-American law, has been the subject of much recent scholarly debate. The rule asserts that courts should not prevent a potential wrongdoer from causing harm unless the resulting damage would be `irreparable' because the victim could not be compensated monetarily for it.
Drawing on an analysis of hundreds of randomly selected cases, Douglas Laycock argues that the rule is defunct since it no longer constrains courts' choice of remedy. Focusing on what courts do rather than what they say, Laycock proposes new injury rules based on actual practice and reconceives the law of remedies and the relationship between law and equity, two of the great divisions of Anglo-American civil law.
Drawing on an analysis of hundreds of randomly selected cases, Douglas Laycock argues that the rule is defunct since it no longer constrains courts' choice of remedy. Focusing on what courts do rather than what they say, Laycock proposes new injury rules based on actual practice and reconceives the law of remedies and the relationship between law and equity, two of the great divisions of Anglo-American civil law.
Reviews / Votes
`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 Journal '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
More details
Language
English
Place of publication
New York
United States
Target group
Professional and scholarly
Dimensions
Height: 222 mm
Width: 145 mm
Thickness: 26 mm
Weight
661 gr
ISBN-13
978-0-19-506356-1 (9780195063561)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions

Douglas Laycock
The Death of the Irreparable Injury Rule
E-Book
01/1991
1st Edition
OUP eBook
€101.99
Available for download
Person
Author
Alice McKean Young Regents Chair in LawAlice McKean Young Regents Chair in Law, University of Texas, Austin