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Remedies in Australian Private Law e2

Remedies in Australian Private Law e2

By Katy Barnett and Sirko Harder

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.

Torts 

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  • Full description

    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

  • About the author


    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 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.

  • Product details

    ISBN: 9781108404754

    Published: 2018

    Format: Softcover

  • 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

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