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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Remedies in Australian Private Law 2nd ed


ISBN13: 9781108404754
Previous Edition ISBN: 9781107610835
To be Published: October 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £85.00



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.

Subjects:
Remedies and Damages, Other Jurisdictions , Australia
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.