Tort / Personal Injury

Remedies in Context - Commentary and Materials

Edited by Cossins · A
LexisNexis Australia April 2003

Specifications

ISBN-13
9780409312065
Publisher
LexisNexis Australia
Publication
April 2003
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

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.

Table of Contents

* 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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