Replicating Primary Rights: Statutory Remedies
This chapter deals with the two most important statutory (or statute-based) remedies in private law: orders for the recovery of goods and declarations of primary rights. Both of these remedies replicate primary rights. These remedies, though statutory, have roots in equity and the approach that the courts take to granting them has been influenced by their pedigree in that a significant degree of ‘discretion’ is traditionally said to be exercised in granting them. The chapter examines three issues in relation to each remedy: the nature of the remedy; the nature of the substantive right that it replicates; and the means of executing the remedy.
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