Remedies: Commentary and Materials 7th Edition

Remedies: Commentary and Materials 7th Edition

By Normann Witzleb, Elise Bant, Simone Degeling, Kit Barker


$180.00 RRP

Date: 29/04/2020

Code: 9780455244136

Lawbook Co., AUSTRALIA

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Remedies: Commentary and Materials, 7th 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 statute as well as to money remedies in equity, and the judicial approaches to the grant of injunctions and other non-monetary relief.

In Remedies: Commentary and Materials, 7th Edition, a team of highly experienced authors have critically revised the whole text. Changes of note include:


  • a new chapter on damages in disputed categories, introducing new case material and original commentary on “user” or “negotiating” damages and remedies for estoppels;
  • more detailed analysis of the impact of the civil liability acts and the Australian Consumer Law integrated throughout the book;
  • new extracts of important decisions handed down since the last edition, including Paciocco v ANZ Banking Group Ltd (on penalties); Mal Owen Consulting Pty Ltd v Ashcroft (on loss of a commercial opportunity); Allen v Chadwick (on contributory negligence), Selig v Wealthsure Pty Ltd (on proportionate liability); Mann v Paterson Constructions (on restitution for services), Ancient Order of Foresters v Lifeplan (on the account of profits); and
  • new sections and commentary have been introduced to the chapters on self-help remedies, compensatory damages, compensation in equity and gain-based awards to reflect recent developments in the law and scholarship in the area.

Remedies: Commentary and Materials, 7th Edition provides a thorough introduction to the law of civil remedies for law students and a valuable addition to the reference collections of academics and legal practitioners.

Table of Contents

  1. The Nature of Remedies
  2. Self-Help
  3. General Principles of Compensation
  4. Compensation in Particular Contexts
  5. Compensation in Equity
  6. Gain-based Awards
  7. Contested Categories
  8. Punishment
  9. Proprietary Relief
  10. Specific Relief – General Principles and Specific Performance
  11. Injunctions
  12. Declaratory Relief
  13. Enforcement

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