Often, private lax[upsilon] remedies enforce or vindicate infringed underlying rights. Substantive remedies are different. Substantive remedies do not aim at restoring these rights; nor do they seek to change them. Instead, substantive remedies adjust the remedial response for a right violation so as to ensure post-xvrong justice. They require the law of remedies not merely to took back, but rather to take a second look at the parties' post-x[upsilon]rong situation. At times, such a second look affects the type of remedy awarded (damages in lieu of injunctive relief); in other cases--for instance, the tort doctrine of crushing liability--it imposes a ceiling on the plaintiffs compensation; and in yet other cases, dealing x[upsilon]ilh loss of earning capacity err with the thin-skull rule, remedies laxv's second-look sets a compensatory floor below x[upsilon]hich compensation should not go.
|Number of pages||1|
|Journal||Notre Dame Law Review|
|State||Published - 2020|