Law Tort / Personal Injury Law

Remedies in Australian Private Law 3rd Edition

Edited by Katy Barnett · Sirko Harder
Cambridge University Press March 2025

Specifications

ISBN-13
9781009390194
Publisher
Cambridge University Press
Publication
March 2025
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Remedies in Australian Private Law presents a detailed and scholarly map of remedies under Australian private law. Clearly structured and accessibly written, the text takes a black-letter law approach to remedies in common law, equity and statute, and develops a framework for understanding the principles of private law remedies and their practical application. The third edition has been updated to include recent cases in remedial law, offering students clear links between principles and practice, and provides more in-depth coverage of compensation under the Australian Consumer Law. Reasonable fee awards and disgorgement and accounts of profit are now addressed in separate chapters to reflect recent changes in international case law.

Written by an expert author team, Remedies in Australian Private Law enables students and practitioners to develop a coherent understanding of remedial law and to analyse legal problems and identify appropriate remedial solutions.

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. Reasonable fee awards
14. Self-help remedies
15. Exemplary damages and aggravated damages
16. Apologies and declaratory relief

Part V. Account of Profits and other Gain-based Reliefs for Wrongs:
17. Accounts of profit and disgorgement

Part VI. Restitution and Giving Back:
18. Personal remedies for unjust enrichment
19. Recission

bPart VII. Proprietary Remedies:
20. Proprietary remedies

Part VIII. Enforcement of Remedies:
21. Enforcement of remedies
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