The Administration of Civil Justice
The administration of civil justice is divided into the enforcement of primary and sanctioning rights.
An action for the enforcement of a primary right may be called an action for ‘specific enforcement’. In such cases, the law insists on the existence of a state of things which are a matter of right such as the performance of a contract.
An action for the enforcement of a sanctioning right is almost always an action for damages. In such cases, the law substitutes the existence of a state of things which are a matter of right with something which is considered to be its equivalent such as the payment of compensation for damage to property.
An action for the enforcement of a primary right may be called an action for ‘specific enforcement’. In such cases, the law insists on the existence of a state of things which are a matter of right such as the performance of a contract.
An action for the enforcement of a sanctioning right is almost always an action for damages. In such cases, the law substitutes the existence of a state of things which are a matter of right with something which is considered to be its equivalent such as the payment of compensation for damage to property.
Labels: Jurisprudence
