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Remedies in Australian Private Law

Remedies in Australian Private Law

2nd Edition

textbook
  • Date Published: August 2018
  • availability: In stock
  • format: Paperback
  • isbn: 9781108404754

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  • The second edition of Remedies in Australian Private Law offers readers a clear and detailed introduction to remedies and their functions under Australian law. Clearly structured, with a strong black-letter law focus, the text provides a complete treatment of remedies in common law, equity and statute and develops a framework for understanding the principles of private law remedies and their practical application. This edition has been significantly revised and offers up-to-date coverage of case law and legislation, including the Australian Consumer Law. Building on the detailed treatment of remedies and their broad functions across a range of private law categories, the new edition also offers expanded coverage of vindicatory damages, debt, specific restitution and coercive remedies. With its systematic and accessible approach, this text enables students and practitioners to develop a coherent understanding of remedial law, and to analyse legal problems and identify appropriate remedial solutions.

    • A clear, comprehensive and accessible text on remedies' principles for students
    • Provides a logical map of the law of remedies which helps students understand the connections
    • The book is thoroughly updated and includes extended discussions, new sections and reorganisation of content
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    Product details

    • Edition: 2nd Edition
    • Date Published: August 2018
    • format: Paperback
    • isbn: 9781108404754
    • dimensions: 248 x 174 x 35 mm
    • weight: 1.19kg
    • availability: In stock
  • Table of Contents

    1. Introduction
    Part I. General Principles of Compensation:
    2. Assessment of compensation
    3. Attribution of responsibility
    4. Multiple wrongdoers
    Part II. Compensation in Specific Contexts:
    5. Compensation for breach of contract
    6. Compensation in tort
    7. Compensation for personal injury and death
    8. Compensation under the Australian Consumer Law
    9. Equitable compensation for equitable wrongs
    Part III. Remedies Compelling Performance and Related Remedies:
    10. Specific performance
    11. Injunctions
    12. 'Equitable damages' or Lord Cairns' Act damages
    Part IV. Remedies as Vindication:
    13. Self-help remedies
    14. Exemplary damages and aggravated damages
    15. Apologies and declaratory relief
    Part V. Account of Profits and Other Gain-Based Relief for Wrongs:
    16. Disgorgement of gains and 'reasonable fee' damages
    Part VI. Restitution and Giving Back:
    17. Personal remedies for unjust enrichment
    18. Rescission
    Part VII. Proprietary Remedies:
    19. Proprietary remedies
    Part VIII. Enforcement of Remedies:
    20. Enforcement of remedies.

  • Authors

    Katy Barnett, University of Melbourne
    Katy Barnett received the Barbara Falk Award for excellence in teaching in 2016, primarily for her teaching at both undergraduate and postgraduate levels in remedies. She has also taught property, equity and trusts, trusts, torts and contracts. She was awarded her Ph.D. in 2010, and it was published as a monograph entitled Accounting for Profit for Breach of Contract: Theory and Practice (2012). She has published extensively on private law remedies. In early 2013, she was a visiting scholar with Brasenose College, Oxford as part of the Melbourne-Oxford Faculty Exchange. Prior to teaching at the Melbourne Law School, Katy was a banking litigator at Russell Kennedy, an Associate to Justice Mandie at the Supreme Court of Victoria and a Research Assistant to the Court of Appeal at the Supreme Court of Victoria.

    Sirko Harder, University of Sussex
    Sirko Harder is a Reader in Law at the University of Sussex. He previously worked at Monash University, where he taught various areas of private law, including the law of remedies, at undergraduate and postgraduate levels. Harder has published a number of articles on the law of remedies as well as the monograph Measuring Damages in the Law of Obligations: The Search for Harmonised Principles (2010). He is a co-author, with Luntz et al., of Torts: Cases and Commentary (2017). He has a wealth of expertise in comparative private law, having written about and taught the private law of Australia, England, Germany and Scotland.

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