Full Description
Remedies in Australian Private Law offers a clear, logical and complete treatment of remedies in common law, equity and statute. Designed in response to the rapid expansion of interest in this field of law, it provides readers with a theoretical and practical framework for understanding the principles of private law remedies and how they are applied. Clearly structured with a strong black-letter law focus, this book includes detailed coverage of remedies for tort, breach of contract, the Australian Consumer Law and equitable obligations. It also includes discussion of theoretical perspectives on issues such as the fusion of common law and equity, the nature of reasonable fee awards and the concept of unjust enrichment. The systematic and accessible approach set out in this book will enable students and practitioners to develop an overarching conception of remedial law and thereby enhance their capacity to analyse legal problems and find the best solutions.
Contents
1. General introduction; Part I. General Principles of CompensationAssessment of compensation: general principles; 3. Attribution of responsibility: general principles; 4. Multiple wrongdoers; Part II. Compensation in Specific Contexts: 5. Compensation for breach of contract; 6. Compensation for Tort; 7. Compensation for personal injury and death; 8. Compensation under the Australian Consumer Law; 9. Equitable compensation for breach of equitable obligations; Part III. Remedies Compelling Performance and Related Remedies: 10. Specific performance; 11. Injunctions; 12. Lord Cairns' Act Damages; Part IV. Remedies as Vindication: 13. Self-help remedies; 14. Exemplary damages, aggravated damages and declaratory relief; 15. Apologies and declaratory relief; Part V. Accounts of Profit 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.
