Carroll and Witzleb, ‘“It’s Not Just About the Money” – Enhancing the Vindicatory Effect of Private Law Remedies’

Abstract:
Affirmation of a plaintiff’s rights where they have been infringed is at the heart of the legal process. In recent years, interest in the vindicatory purpose of the law has increased. This article examines the role of remedies law in giving effect to rights that protect personality interests including reputation, dignity and feelings. We argue that plaintiffs who express a preference for a non-monetary order will often not feel sufficiently vindicated if they are limited to an award of damages. In these circumstances, a court should give due weight to a plaintiff’s preference, or at least acknowledge their preference, in their judicial pronouncement. There is untapped potential to strengthen both the vindicatory purpose and the therapeutic effect of law through non-monetary remedies and judicial pronouncements.

Carroll, Robyn and Witzleb, Normann, ‘It’s Not Just About the Money’ – Enhancing the Vindicatory Effect of Private Law Remedies (2011). Monash University Law Review, Vol. 37, No. 1, p. 216, 2011; Monash University Faculty of Law Legal Studies Research Paper No 2011/01.

First posted 2012-03-09 07:25:32

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