Remedies in Australian Private Law

Remedies in Australian Private Law

Author: Katy Barnett

Publisher: Cambridge University Press

Published: 2018-08-07

Total Pages: 671

ISBN-13: 1108404758

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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.


Remedies in Australian Private Law

Remedies in Australian Private Law

Author: Katy Barnett

Publisher: Cambridge University Press

Published: 2014-05-02

Total Pages: 535

ISBN-13: 1107610834

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Remedies in Australian Private Law offers a clear, logical and complete treatment of remedies in common law, equity and statute. Designed in response to the rapid expansion of interest in this field of law, this book provides readers with a theoretical and practical framework for understanding the principles of private law remedies and how they are applied. Clearly structured with a strong black-letter law focus, this book includes detailed coverage of remedies for tort, breach of contract, the Australian Consumer Law and equitable obligations. It also includes discussion of theoretical perspectives on issues such as the fusion of common law and equity, the nature of reasonable fee awards and the concept of unjust enrichment. The systematic and accessible approach set out in this book will enable students, practitioners and others to develop an overarching conception of remedial law, and thereby enhance their capacity to analyse legal problems and find the best solutions.


Remedies Cases and Materials in Australian Private Law

Remedies Cases and Materials in Australian Private Law

Author: Katy Barnett

Publisher: Cambridge University Press

Published: 2023-01-13

Total Pages: 749

ISBN-13: 1108858228

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Remedies Cases and Materials in Australian Private Law presents a selection of cases and legislation to introduce students to the remedies available under Australian law. It offers the depth and context required to understand and analyse the application of private law remedies. Developed to accompany the second edition of Remedies in Australian Private Law, and following its accessible and systematic structure, this casebook contains carefully curated extracts from landmark cases, legislation and secondary sources. The selected extracts offer a comprehensive yet concise guide to the application of remedies. Each chapter includes clear explanations of topics and links to material in the principles text, along with flowcharts and diagrams to summarise complex cases and concepts. Review questions encourage students to analyse decisions from important cases and test their knowledge. Written by an expert author team, Remedies Cases and Materials in Australian Private Law is an invaluable resource which enables students to understand remedial law.


Remedies

Remedies

Author: Normann Witzleb

Publisher:

Published: 2015

Total Pages: 1309

ISBN-13: 9780455234656

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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.


Research Handbook on Remedies in Private Law

Research Handbook on Remedies in Private Law

Author: Roger Halson

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 549

ISBN-13: 1786431270

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p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent.


Private Law in the 21st Century

Private Law in the 21st Century

Author: Kit Barker

Publisher: Bloomsbury Publishing

Published: 2017-01-26

Total Pages: 613

ISBN-13: 1509908595

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This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.


Disgorgement of Profits

Disgorgement of Profits

Author: Ewoud Hondius

Publisher: Springer

Published: 2015-08-12

Total Pages: 517

ISBN-13: 3319187597

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Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.


The Theory of Contract Law

The Theory of Contract Law

Author: Peter Benson

Publisher: Cambridge University Press

Published: 2001-02-05

Total Pages: 365

ISBN-13: 0521640385

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Essays addressing a variety of issues in the theory and practice of contract law.


Principles of Contract Law

Principles of Contract Law

Author: Jeannie Paterson

Publisher:

Published: 2015

Total Pages: 931

ISBN-13: 9780455236001

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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.


Guilty Pigs

Guilty Pigs

Author: Katy Barnett

Publisher: Black Inc.

Published: 2022-02-02

Total Pages: 436

ISBN-13: 1743822154

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An illuminating and entertaining history of the law’s treatment of animals Trespassing bees, murderous zebras, reasonable cows ... Ever since Biblical times, animals have been clashing with human laws. What to do with animals that injure or kill people, in particular, has long troubled humans. In medieval Europe, ‘killer’ animals – horses, cattle and most often pigs, which were notorious for eating young children – were put on trial. Even in the early twentieth century, circus elephants who lashed out at their keepers in America were summarily executed for their crimes. In Guilty Pigs, animal law experts Katy Barnett and Jeremy Gans guide readers through the philosophy and practice of animal-related law, from the very earliest cases to the issues we are debating today, including the responsibilities of pet owners and the application of human rights to animals. They also cover hunting rights, using animals to solve crime, protecting animals from abuse and neglect, and the unique nature of owning a living being. Filled with lively and sometimes bizarre case studies, this is a fascinating and entertaining read – for all lovers of misbehaving creatures. Katy Barnett is a professor of law at the University of Melbourne. She is the author of the young adult novel The Earth Below and co-author of Remedies in Australian Private Law. Jeremy Gans is a professor of law at the University of Melbourne. He is the author of Modern Criminal Law of Australia and The Ouija Board Jurors: Mystery, Mischief and Misery in the Jury System, a true crime book. He is a co-author of Uniform Evidence.