4 Fashioning remedies

The preceding analysis shows that the system can benefit greatly from an increased focus on the purpose of the underlying rule in selecting the appropriate remedy. It is submitted, however, that this influence goes beyond selection and that the rule has a profound effect on fashioning individual remedies, thus allowing for more tailor-made and nuanced solutions to complex disputes. The influence of the rule may be either direct (§ 10.3.1) or indirect (§ 10.3.2).