Remedies

1. Auflage 2010
ISBN: 978-1-86287-772-6
Verlag: Federation Press

Buch, Englisch, 350 Seiten, Gewicht: 508 g

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 attempts to briefly set 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.

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein
• Rechtswissenschaften Strafrecht Kriminologie, Strafverfolgung
• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Kriminalsoziologie

Inhaltsverzeichnis

CONTENTS Part One-Introduction Part Two-Compensation at Common Law Contractual Damages Tortious Damages Part Three-Equitable Remedies Compensation in Equity Lord Cairns Act Damages/ Equitable Damages Account of Profit Rectification Rescission Specific Restitution Specific Performance Final Injunctions Interlocutory Injunctions Part Four-Remedies Similar to Traditional Remedies Mareva Orders Anton Piller Orders Restitution/ Unjust Enrichment Trade Practices Act Remedies Declarations Index