Understanding Remedies


By James M. Fischer

cover image of Understanding Remedies

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The fourth edition of Understanding Remedies is designed to provide a thorough overview of the remedies a civil plaintiff may obtain to secure appropriate redress for wrongs inflicted. The book has been substantially restructured so the information is presented in a manner that can be easily grasped and understood. The text has been augmented with numerous headings, subheadings, and bullet points to enable the reader to quickly see the critical issues raised under the law of remedies, while preserving the extensive content of the information provided by the book. The book has also been updated with more examples to help convey understanding of the legal points made.

As with prior editions of Understanding Remedies, the book materials are organized around two themes. Chapters one through seven examine general remedial considerations, such as damages, restitution, and defenses as standalone concepts. The goal here is to give the reader a firm foundational understanding of the concept itself. Chapters eight through twenty-four examine the general remedial consideration in specific contexts, such as what remedies are available when a person sustains bodily injury caused by another's legal wrong. In this setting the available remedies are identified and discussed. Also addressed are the tactical strategic issues that would influence the desirability and availability of specific remedies in situations such as an injunction to abate a nuisance or restitution to redress a trespass.

The materials are comprehensive and respect the nuance and subtlety of the subject. Understanding Remedies presents the richness of the topic to students who wish to gain both a fundamental appreciation of the subject and an insight into the myriad ways remedies influence the shape and dimension of modern American law.

Understanding Remedies