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Remedies in Context - Commentary and Materials

Remedies in Context - Commentary and Materials

Remedies in Context - Commentary and Materials

Author: Cossins; A
Publisher: LexisNexis Australia
ISBN: 9780409312065
Published In: April 2003
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
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Remedies in Context examines the social objectives the law seeks to achieve by awarding damages to an injured party. The detailed discussion of legal principles and underlying policy enables a deep understanding of why secondary obligations (remedies) are imposed in response to the violation of a primary right.

The book provides students and practitioners with a cultural and social framework in which to understand judicial decision-making relating to the most common remedies, such as: breach of contract; negligence; breach of fiduciary duty; and restitution. Included are detailed chapters on the liability of professionals; the principles governing concurrent liability in contract and tort; the boundaries between law and equity; and a comparative analysis between the principles that govern equitable monetary remedies and common law monetary remedies.

* The Boundaries of the Law of Remedies
* The Boundaries between Tort and Contract from a Remedial Perspective
* Why Does the Law Impose Secondary Obligations?
* The Principles that Limit Recovery of Damages in Contract and Tort Law
* Damages for Loss of Expectation in Negligence Law
* Concurrent Liability in Tort and Contract
* The Boundaries between Law and Equity from a Remedial Perspective
* Coercive Relief in Equity
* Unjust Enrichment and the Remedy of Restitution

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