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Remedies 2nd edition
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Remedies 2nd edition

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Overview
Published Nov 2014 (Federation Press)
ISBN: 9781862879324. Soft Cover.
Description

By David Wright

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. Often remedies appear as afterthoughts to discussions about breach – whether of tort, contract or equitable obligation. This common approach can cost clients a lot of money.

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 Competition and Consumer 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 students and practitioners want and what their clients need.

The new edition enhances all this by being up-to-date in this changing environment and by ending each chapter with a series of questions and answers, so that the law can be fully understood.


CONTENTS

Table of Cases 
Table of Statutes

PART I: Introduction

PART II: Compensation at Common Law

Contractual Damages 
Tortious Damages 
Restitution (Unjust Enrichment)

PART III: Equitable Remedies

Equitable Remedies Generally 
Compensation in Equity 
Lord Cairns’ Act Damages (Equitable Damages) 
Account of Profits 
Rectification 
The Remedial Constructive Trust 
Specific Restitution 
Specific Performance 
Rescission 
Final Injunctions 
Interlocutory Injunctions

PART IV: Remedies Similar to Traditional Remedies

Mareva Injunctions 
Anton Piller (Search) Orders 
Remedies under the CCA 
Declarations

Index

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