Part IV The Substance of Redress, 12 Non-Monetary Remedies

Ubi jus, ibi remedium—Where there is a right, there is a remedy.1 This maxim has long been part of common law legal systems2 and appears in Roman/Dutch law. The implication is that courts have an inherent power to devise the appropriate remedy to conclude cases that come within their jurisdiction. Among the possible remedies are those that order specific conduct by the wrongdoer, from restitution to negative and mandatory injunctions.3 These should be the preferred remedies, because damages only substitute by giving money in the place of a remedy that would...