Remedies in Australian Private Law

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.

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. Self-help remedies; 14. Exemplary damages and aggravated damages; 15. Apologies and declaratory relief; Part V. Account of Profits and Other Gain-Based Relief for Wrongs: 16. Disgorgement of gains and 'reasonable fee' damages; Part VI. Restitution and Giving Back: 17. Personal remedies for unjust enrichment; 18. Rescission; Part VII. Proprietary Remedies: 19. Proprietary remedies; Part VIII. Enforcement of Remedies: 20. Enforcement of remedies.