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Remedies in Tort Law: Is there Coherence in the Muddle?

Lookup NU author(s): Dr Patrick O'Callaghan

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Abstract

Recent pan-European research projects coordinated by Gert Brüggemeier and others have demonstrated the importance of focusing on the law in action as opposed to the law in books. In applying this so-called ‘bottom-up’ methodology, we see that distinctions between legal systems which may seem insignificant at first glance are in fact of central importance in resolving legal disputes. One such example is our understanding of the meaning of the term ‘remedy’ in the common law. While it is natural that lawyers will equate the term with the fundamental notion of la réparation or die Wiedergutmachung, it is essential that they remain aware of the other meanings, particularly the guise of remedy as a cause of action.


Publication metadata

Author(s): O'Callaghan P

Editor(s): Colombi Ciacchi, A; Godt, C; Rott, P; Smith , LJ

Publication type: Book Chapter

Publication status: Published

Book Title: Haftungsrecht im neuen Millennium: Liber Amicorum Gert Brüggemeier

Year: 2008

Publisher: Nomos

Place Published: Baden-Baden

URL: http://www.nomos-shop.de/productview.aspx?product=10963

Library holdings: Search Newcastle University Library for this item

ISBN: 9783832941765


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