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This survey course considers what happens in litigation after liability is determined. Namely, what can a court do for a claimant who has been wronged? Much of this course builds on what you learned about damages in Torts and Contracts. Other remedies will be less familiar.
We will survey the principal remedies prevailing parties are entitled to receive, namely: compensatory damages; preventive, reparative and structural injunctions; declaratory remedies; restitution; punitive damages; and the means of enforcing judgments. We will constantly ask what a plaintiff can get, why plaintiffs can get a particular remedy, why they can’t get more, and which remedy is best suited for particular plaintiffs. Intermittently, we will ask whether theories of corrective justice or economic efficiency better explain the remedies available to plaintiffs.
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