California, United States of America
The following excerpt is from Babb v. Superior Court, 3 Cal.3d 841, 479 P.2d 379, 92 Cal.Rptr. 179 (Cal. 1971):
Nor is there any particular need to employ the declaratory judgment procedure in this situation. The purpose of a judicial declaration of rights in advance of an actual tortious incident is to enable the parties to shape their conduct so as to avoid a breach. '(D)eclaratory procedure operates prospectively, and not merely for the redress of past wrongs. It serves to set controversies at rest before they lead to repudiation of obligations, invasion of rights or commission of wrongs; in short, the remedy is to be used in the interests of preventive justice, to declare rights rather than execute them.' (Travers v. Louden (1967) 254 Cal.App.2d 926, 931, 62 Cal.Rptr. 654, 658; see Bachis v. State Farm Mutual Auto. Ins. Co. (1968) 265 Cal.App.2d 722, 727--728, 71 Cal.Rptr. 486.) No such preventive benefit is possible here.
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