Remedies in Australian Private Law

by Katy Barnett, Sirko Harder

Overview

Remedies in Australian Private Law offers a detailed introduction to remedies and their functions under Australian law. 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 application.

Product Details

ISBN-13:	9781108265850
Publisher:	Cambridge University Press
Publication date:	09/07/2018
Sold by:	Barnes & Noble
Format:	eBook
File size:	4 MB

About the Author

Katy Barnett received the Barbara Falk Award for excellence in teaching in 2016, primarily for her teaching at both undergraduate and postgraduate levels in remedies. She has also taught property, equity and trusts, trusts, torts and contracts. She was awarded her Ph.D. in 2010, and it was published as a monograph entitled Accounting for Profit for Breach of Contract: Theory and Practice (2012). She has published extensively on private law remedies. In early 2013, she was a visiting scholar with Brasenose College, Oxford as part of the Melbourne-Oxford Faculty Exchange. Prior to teaching at the Melbourne Law School, Katy was a banking litigator at Russell Kennedy, an Associate to Justice Mandie at the Supreme Court of Victoria and a Research Assistant to the Court of Appeal at the Supreme Court of Victoria.

Sirko Harder is a Reader in Law at the University of Sussex. He previously worked at Monash University, where he taught various areas of private law, including the law of remedies, at undergraduate and postgraduate levels. Harder has published a number of articles on the law of remedies as well as the monograph Measuring Damages in the Law of Obligations: The Search for Harmonised Principles (2010). He is a co-author, with Luntz et al., of Torts: Cases and Commentary (2017). 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. 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.