This bundle includes: Remedies in Australian Private Law, 2nd edition, and Remedies Cases and Materials 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. 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. Both titles follow the same accessible and systematic structure.

Remedies in Australian Private Law Value Pack: 2ed Textbook and 1ed Cases and Materials Textbook

Harder, Sirko

Barnett, Katy

Yin, Kenneth

Allcock, Martin

Cambridge University Press

Remedies in Australian Private Law presents a detailed and scholarly map of remedies under Australian private law. Clearly structured and accessibly written, the text takes a black-letter law approach to remedies in common law, equity and statute, and develops a framework for understanding the principles of private law remedies and their practical application. The third edition has been updated to include recent cases in remedial law, offering students clear links between principles and practice, and provides more in-depth coverage of compensation under the Australian Consumer Law. Reasonable fee awards and disgorgement and accounts of profit are now addressed in separate chapters to reflect recent changes in international case law. Written by an expert author team, Remedies in Australian Private Law 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

Specialties

Remedies in Australian Private Law VALUE PACK 2 2 Volume Paperback Set: 3ed Remedies in Australian Private Law and 1e Remedies Cases and Materials in Australian Private Law

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.

Rules & Procedures

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.

Damages are defined as the monetary award made by a court in consequence of a breach of contract, a tort, or an equitable wrong. In all these causes of action, damages usually aim to put the claimant into the position the claimant would be in without the wrong. Even though the main objective of damages is thus the same for each cause of action, their measure is not. This book challenges certain differences between contract, tort, and equity in relation to the measure (in a broad sense) of damages. While some aspects of the measure of damages are more or less harmonized between contract, tort and, equity (e.g. causation in fact and mitigation), significant differences exist in relation to: 1) remoteness of damage, which is the question of whether, when, and to which degree damage needs to be foreseeable to be recoverable; 2) the compensability of non-pecuniary loss, such as pain and suffering, distress, and loss of reputation; 3) the effect of contributory negligence, which is the victim's contribution to the occurrence of the wrong or the ensuing loss through unreasonable conduct prior to the wrong; 4) the circumstances under which victims of wrongs can claim the gain the wrongdoer has made from the wrong; and 5) the availability and scope of exemplary (or punitive) damages. For each of the five topics, this book examines the present position in contract, tort, and equity, and it establishes the differences between the three areas. The book goes on to scrutinize the arguments in defense of existing differences. The conclusion on each topic is that the present differences between contract, tort, and equity cannot be justified on merits and should be removed through a harmonization of the relevant principles.

Measuring Damages in the Law of Obligations: The Search for Harmonised Principles

Business

Hart Publishing

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Books by Harder, Sirko

See the best price to sell, buy, or rent books by Harder, Sirko. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Remedies in Australian Private Law Value Pack: 2ed Textbook and 1ed Cases and Materials Textbook

Remedies in Australian Private Law

Remedies in Australian Private Law VALUE PACK 2 2 Volume Paperback Set: 3ed Remedies in Australian Private Law and 1e Remedies Cases and Materials in Australian Private Law

Remedies in Australian Private Law

Remedies in Australian Private Law

Measuring Damages in the Law of Obligations: The Search for Harmonised Principles