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Remedies Reclassified$
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Rafal Zakrzewski

Print publication date: 2005

Print ISBN-13: 9780199278756

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199278756.001.0001

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Replicating Secondary Rights: Equitable Remedies

Replicating Secondary Rights: Equitable Remedies

Chapter:
(p.179) 11 Replicating Secondary Rights: Equitable Remedies
Source:
Remedies Reclassified
Author(s):

Rafal Zakrzewski

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199278756.003.0011

This chapter deals with a number of equitable remedies which do or may replicate rights arising from wrongs. It shows that the substantive law in this area is still in a process of development. Therefore, it places particular emphasis on determining, where possible, that the awards and orders considered here actually are replicating secondary rights rather than creating rights with an entirely new content; that is, that these remedies ought to be placed in the replicative rather than the transformative category.

Keywords:   secondary rights, equitable remedy, substantive law, awards

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