Goethe wrote:
Murphy wrote:
> You're removing all the civil remedies. Is that intended?
Yes, they're largely redundant with Rule 1504.
No, they aren't. Punitive damages are in R1504, but you've
deleted a cornerstone of justice, the ability of a judge to assess
compensatory (e.g. non- punitive) damages:
(i) order the defendant to perform according to the agreement
or perform substitute acts that would fairly serve the
interests of the agreement;
(ii) order the other parties of the agreement to perform such
acts as may be necessary to preserve fairness and
justice;
Punitive damages should really be secondary to compensatory damages,
in the interests of justice.
Point there. These could do with some alternative cleanup,
though; revised proto coming up shortly.
