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  • Escape Doctrines in Remedial Law

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    Jeffrey Ilagan
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    Procedural rules can be relaxed to prevent injustice that is disproportionate to a litigant's culpability. Courts may provide relief to litigants who did not follow procedural rules strictly but still have a valid claim, if upholding the rules would cause significant unfair harm. The interests of justice and fairness should sometimes outweigh strict adherence to procedural technicalities.

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    Procedural rules can be relaxed to prevent injustice that is disproportionate to a litigant's culpability. Courts may provide relief to litigants who did not follow procedural rules strictly but still have a valid claim, if upholding the rules would cause significant unfair harm. The interests of justice and fairness should sometimes outweigh strict adherence to procedural technicalities.

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    © All Rights Reserved
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    50 views1 page

    Escape Doctrines in Remedial Law

    Uploaded by

    Jeffrey Ilagan
    Procedural rules can be relaxed to prevent injustice that is disproportionate to a litigant's culpability. Courts may provide relief to litigants who did not follow procedural rules strictly but still have a valid claim, if upholding the rules would cause significant unfair harm. The interests of justice and fairness should sometimes outweigh strict adherence to procedural technicalities.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
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    “Escape Doctrines in Remedial Law”

    1. Procedural rules may be relaxed to relieve a litigant of Injustice not commensurate with the degree of
    his thoughtfulness

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