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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Remedies 2nd ed isbn 9781862879324

Remedies


ISBN13: 9781862877726
New Edition ISBN: 9781862879324
Published: April 2010
Publisher: The Federation Press
Country of Publication: Australia
Format: Paperback
Price: Out of print



Remedies are incredibly important. Remedies are what clients want and understanding the law of remedies is crucial to both the study and the successful practice of law.

Yet, too often scholarly discussion on remedies focuses on what the law should be rather than what it is. In other more general texts, remedies appear as afterthoughts to discussions about breach - whether of tort, contract or equitable obligation.

Vitally important too is an understanding of the significant overlap between remedies. Facts of the case can now be addressed from many different angles - for example, facts giving rise to a breach of contract may also give rise to actions in unjust enrichment and breach of the Trade Practices Act. Failure to appreciate different remedial consequences can cost clients hugely.

This work briefly sets out what the law of remedies in Australia actually is. By focusing on the Australian law, written in simple to understand language, accessible to all lawyers and law students, the book delivers what both students and practitioners want and what their clients need.

Subjects:
Other Jurisdictions , Australia
Contents:
Part One: Introduction;

Part Two: Compensation at Common Law;
Contractual Damages
Tortious Damages

Part Three: Equitable Remedies;
Compensation in Equity
Equitable Damages
Account of Profits
Rectification
Rescission;
Specific Restitution
Specific Performance
Final Injunctions
Interlocutory Injunctions

Part Four: Remedies Similar to Traditional Remedies;
Mareva Injunctions
Anton Piller Orders
Restitution (Unjust Enrichment)
Remedies Under the Trade Practices Act
Declarations
Index