Replicating Secondary Rights: Common Law Remedies
This chapter examines remedies that replicate secondary rights, focusing on the award of damages, a remedy which originated at common law. A secondary or remedial right is simply a right which correlates with a duty of a person who has infringed another's right to answer for that infringement. The content of a secondary right is a matter of policy. Generally in the case of wrongs, the policy that has prevailed is that losses should be made good, which in turn dictates that a money award should be made on a compensation measure. However, in the case of some wrongs, a policy of deterrence may give rise to secondary rights to restitution or a policy of punishment may arguably give rise to a secondary right to exemplary damages.
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