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Remedies in Australian Private Law

Remedies in Australian Private Law

2nd Edition

by Sirko Harder and Katy Barnett
Paperback
Publication Date: 21/08/2018

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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.

ISBN:
9781108404754
9781108404754
Category:
Jurisprudence & general issues
Format:
Paperback
Publication Date:
21-08-2018
Language:
English
Publisher:
Cambridge University Press
Country of origin:
Australia
Edition:
2nd Edition
Dimensions (mm):
248x174x35mm
Weight:
1.28kg

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

Katy Barnett

Katy Barnett is a professor of law at the University of Melbourne. She is the author of the young adult novel The Earth Below and co-author of Remedies in Australian Private Law.

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