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Remedies in Australian Private Law
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Remedies in Australian Private Law

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Overview
Published May 2014 (Cambridge)
ISBN: 9781107610835.
Description

Katy Barnett, University of Melbourne

Sirko Harder, Monash University, Victoria 

Remedies in Australian Private Law offers a clear, logical and complete treatment of remedies in common law, equity and statute. Designed in response to the rapid expansion of interest in this field of law, it provides readers with a theoretical and practical framework for understanding the principles of private law remedies and how they are applied. 

Clearly structured with a strong black-letter law focus, this book includes detailed coverage of remedies for tort, breach of contract, the Australian Consumer Law and equitable obligations. It also includes discussion of theoretical perspectives on issues such as the fusion of common law and equity, the nature of reasonable fee awards and the concept of unjust enrichment. The systematic and accessible approach set out in this book will enable students and practitioners to develop an overarching conception of remedial law and thereby enhance their capacity to analyse legal problems and find the best solutions. 

The book includes detailed coverage of remedies for tort, breach of contract, the Australian Consumer Law and equitable obligations 

  • Provides a detailed theoretical and practical framework for students 
  • Logical structure illuminates the links and differences between different remedies 
Katy Barnett, University of Melbourne 

Katy Barnett joined the Melbourne Law School in 2006. She was awarded her PhD in 2010 and it was published in May 2012 by Hart Publishing as a monograph entitled Accounting for Profit for Breach of Contract: Theory and Practice. Prior to teaching at the Melbourne Law School, Katy held a variety of positions, including banking litigator at Russell Kennedy, Associate to Justice Mandie at the Supreme Court of Victoria and Research Assistant to the Court of Appeal at the Supreme Court of Victoria. Katy has taught Property II, Equity and Trusts, Trusts, Torts, Contract and Remedies. Her research interests reflect her broad teaching experience and interest in private law. 

Sirko Harder, Monash University, Victoria 

Sirko Harder has considerable expertise in the law of remedies. He has taught the subject at undergraduate and postgraduate level at Monash University. He has published a number of articles on the law of remedies and the monograph Measuring Damages in the Law of Obligations: The Search for Harmonised Principles. He has a wealth of expertise in comparative private law, having written about and taught the private law of Australia, England, Germany and Scotland.

Table of Contents

1. General introduction
Part I. General Principles of Compensation:
2. Assessment of compensation: general principles
3. Attribution of responsibility: general principles
4. Multiple wrongdoers
Part II. Compensation in Specific Contexts:
5. Compensation for breach of contract
6. Compensation for Tort
7. Compensation for personal injury and death
8. Compensation under the Australian Consumer Law
9. Equitable compensation for breach of equitable obligations
Part III. Remedies Compelling Performance and Related Remedies:
10. Specific performance
11. Injunctions
12. Lord Cairns' Act Damages
Part IV. Remedies as Vindication:
13. Self-help remedies
14. Exemplary damages, aggravated damages and declaratory relief
15. Apologies and declaratory relief
Part V. Accounts of Profit 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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