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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Remedies in Australian Private Law 2nd ed isbn 9781108404754

Remedies in Australian Private Law


ISBN13: 9781107610835
New Edition ISBN: 9781108404754
Published: September 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: Out of print



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.

Subjects:
Remedies and Damages, Other Jurisdictions , Australia
Contents:
1. General introduction

Part I. General Principles of Compensation:
2. Assessment 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.