Principles of the Australian law of remedies
By: David Wright
Publisher: Thomson Reuters (Professional) Australian Limited
Published: 2020
Place of publication: Pyrmont, N.S.W
Language: eng
Number of pages: 702
ISBN-13: 9780455243870; 9780455243887
Subjects: Remedies (Law)
Description: "Remedies play an essential role in our legal system. However, frequently a remedy has been incorrectly perceived as a mere appendage to, for example, the breach of a contract or tort. Principles of the Australian Law of Remedies seeks to clarify the status of the remedy in Australian law by utilising expert commentary, legislation and case extracts. This book identifies and discusses three key themes of the modern Australian law of remedies: the traditional nature of Australian remedies; the waning persuasiveness of modern English decisions on Australian remedies; and the rise of statutes. English decisions have historically held a significant strength within Australian law; however, this authority, and theories based on this authority, is of diminishing persuasiveness in Australia in matters involving remedies. This book will elucidate how remedies operate in practice, their changing appearance in the Australian legal landscape, and the effect of State-based and national legislation". --
Notes: Includes bibliographical references and index.
Table of contents: title: Introduction to the law of remedies; title: Contractual Damages; title: Tortious Damages; title: Restitution (Unjust Enrichment); title: Equitable Remedies Generally; title: Compensation in Equity; title: Lord Cairns' Act Damages/Equitable Damages; title: Account of Profits; title: Rectification; title: The remedial constructive trust; title: Specific Restitution; title: Specific Performance; title: Recission; title: Delivery Up and Cancellation; title: Appointment of Receivers; title: Final Injunctions; title: Interlocutory Injunctions; title: Remedies in the Statutes Generally; title: Mareva Injunctions/Orders; title: Anton Piller (Search) Orders; title: Remedies under the CCA; title: Remedies under the Corporations Act; title: Declarations; title: AD (JR) Remedies; title: Constitutional injunction.