ABSTRACT
Monetary remedies are largely creatures of the common law courts whereas the majority of the non-monetary remedies in the English law of obligations have been formulated in the Court of Chancery. One summa divisio, accordingly, is that between common law and equitable remedies. However, this division has implications that go far beyond the law of remedies in that a number of substantive areas of the law of obligations owe their existence to equitable remedies that have been able to exert influence directly or indirectly on rights at common law. One thinks of mistake in contract, which developed around the equitable remedies of rescission and rectification, or aspects of nuisance in tort associated with the remedy of an injunction. Non-monetary remedies have, then, their own particular place in the law of obligations. On some occasions they support existing rights (ubi ius ibi remedium), on other occasions they go further and act as vehicles for the development of new protected interests if not new rights (ubi remedium ibi ius).
