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Remedies: Commentary and Materials, 6th Edition provides comprehensive treatment of both judicial and non-judicial remedies in Australian private law. Fully updated to reflect recent developments, this casebook provides extensive coverage of common law damages for breach of contract and tort, of equitable remedies and of statutory remedies under the Australian Consumer Law. The book combines carefully selected extracts from leading cases with expert commentary. Taken together, these materials elucidate the principles relating to the assessment of all forms of damages under common law and statu.
The second edition of Remedies in Australian Private Law offers readers a clear and detailed introduction to remedies and their functions under Australian law. Clearly structured, 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 practical application. This edition has been significantly revised and offers up-to-date coverage of case law and legislation, including the Australian Consumer Law. Building on the detailed treatment of remedies and their broad functions across a range of private law categories, the new edition also offers expanded coverage of vindicatory damages, debt, specific restitution and coercive remedies. With its systematic and accessible approach, this text enables students and practitioners to develop a coherent understanding of remedial law, and to analyse legal problems and identify appropriate remedial solutions.
This collection represents the timely culmination of a four-year Australian Research Council Discovery project led by the editors to identify and explore the principles that guide the award of proprietary relief.
Provides a thorough analysis of the core principles of contract law, making the text relevant to all Australian practitioners. The work has been written by leading academics and practitioners and will be reviewed and updated under the editorial guidance of Emeritus Professor JLR Davis.
Principles of Contract Law, 5th Editionremains Australias premier text for students of contract law. The new edition has been significantly revised in light of recent developments. Paterson, Robertson & Duke at University of Melbourne.
This leading Australian text on the law of remedies treats a large subject in an easy-to-grasp manner. Covell and Lupton's Principles of Remedies is the leading Australian text on the law of remedies. The book explains in 16 clear and concise chapters the key practical ingredients that support successful claims for damages, restitution, rescission, rectification, an account of profits, specific performance, injunctions, freezing orders as well as many other remedies. The fourth edition has been revised and updated with major developments in the law of remedies including: Australia's uniform defamation law; High Court decisions in ABC v O'Neill, Harriton v Stephens and Farah Constructions Pty Limited v Say-Dee Pty Limited; House of Lords decisions in Corr v IBC Vehicles Limited, Fourie v Le Roux, Golden Strait Corporation v Nippon Yusen Kubishka Kaisha.
Remedies in Equity - The Laws of Australia is a comprehensive reference for practitioners and students regarding the power of courts to award equitable relief in Australia. This up-to-date text provides a clear and simple overview of key remedies in equity, grouped into the following topics: Declarations; Specific performance; Rescission; Injunctions; Compensation and damages; Tracing; Taking accounts; and Delivery up, cancellation and rectification. Extensive case examples and factual discussion complement a thorough examination of established principles. This includes coverage of the latest judicial decisions and any statutory modification of the remedies in equity. This work also identifies the critical matters which can affect the exercise of a court's discretion and when remedies in equity may or may not be available. Authors David Wright, Senior Lecturer of the School of Law of the University of Adelaide, and Dr Samantha Hepburn, Associate Professor of Deakin University, have compiled a readable and authoritative analysis of the practical issues that arise in seeking remedies in equity. This material is also published as part of Title 15 "Equity" of The Laws of Australia legal encyclopaedia.
Unconscionable Conduct - The Laws of Australia (2nd Edition) provides revised and up-to-date analysis of estoppel, duress, undue influence, misrepresentation, unconscionability, unconscionable dealing and now includes commentary on the principles of equitable mistake by Professor JLR Davis. In so doing, it offers practitioners a unique and in-depth understanding of the equitable, legal and legislative grounds upon which commercial transactions may be set aside for unfair conduct. The 1st edition was praised as a "highly reliable book [that] will earn its place on the shelf of any practitioner in the area" (ACT Law Society - Ethos, 2006) and "a superb and, especially given the qualifications of its many original and updating authors, an authoritative reference book" (Trade Practices Law Journal, 2006). This new edition covers the latest developments in case law such as the New South Wales Court of Appeal's decision on duress in Australia and New Zealand Banking Group Ltd v Karam (2005) 64 NSWLR 149 and its application in Maher v Honeysett and Maher Electrical Contractors Pty Ltd [2007] NSWSC 12; discussion of the relationship between contract and estoppel in Donis v Donis [2007] VSCA 89 and Barnes v Alderton [2008] NSWSC 107; and the implications of the Victorian Court of Appeal decision in Accurate Financial Consultants Pty Ltd v Koko Black Pty Ltd (2008) 66 ACSR 325. Also considered are new legislative developments such as those affecting independent contractor relationships under the Independent Contractors Act 2006 (Cth) and the statutory extension of unconscionable conduct under the Retail Leases Act 2003 (Vic). This material is also published as part of Titles 7 "Contract: General Principles" and 35 "Unfair Dealing" of The Laws of Australia legal encyclopaedia.