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.
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