Discussion on Proprietary Remedies.

The Liability Rule, Proprietary Remedies and Body Parts

Sometimes courts and commentators disavow a proprietary approach to excised body parts in the belief that non-proprietary remedies are adequate to the task. A belief of this sort, this type of conceptual resistance to the application of property law to body parts, is allegedly captured in the compendious expression known as the liability rule. Moore v Regents of the University of California cle...

Rough Notes on Remedies

Notes on Some Remedies

investigate its toxicity to the rat. They noted that animals dying after sulphaguanidine showed goitres which on microscopical section were found to be due to hyperplasia and were practically free from colloid. The same effect was produced more or less by other sulpha drugs such as sulphadiazine and sulphapyridine, and Richter and Clisby (1942) showed that other sulphur compounds, notably thiou...

Rough Notes on Remedies

On and Off Contract Remedies

A party dissatisfied with the contractual performance of a counterparty is typically able to pursue a variety of legal recourses. Within this apparent variety lurk two fundamental alternatives. The aggrieved party may (i) “affirm” the contract and seek money damages or specific performance; or (ii) “disaffirm” the contract with the remedy of rescission and restitution. This simple dichotomy of ...