Remedies
Commentary and Materials
By: Normann Witzleb, Elise Bant, Simone Degeling, Kit Barker
About This Book
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.
AI Overview
"Remedies: Commentary and Materials, 7th Edition" by Normann Witzleb, Elise Bant, Simone Degeling, and Kit Barker is a comprehensive legal textbook that provides an in-depth treatment of both judicial and non-judicial remedies in Australian private law. Here is a detailed overview of the book:
Key Themes
- Comprehensive Coverage: The book offers extensive coverage of common law damages for breach of contract and tort, equitable remedies, and statutory remedies under the Australian Consumer Law.
- Judicial and Non-Judicial Remedies: It delves into the principles relating to the assessment of all forms of damages under common law and statute, as well as money remedies in equity. The book also explores judicial approaches to the grant of injunctions and other non-monetary relief.
- Recent Developments: The 7th edition is fully updated to reflect recent developments in the law, including new case material and original commentary on "user" or "negotiating" damages and remedies for estoppels.
- Impact of Civil Liability Acts: The book integrates a detailed analysis of the impact of the civil liability acts and the Australian Consumer Law throughout its chapters.
Plot Summary
The book is structured to provide a thorough introduction to the law of civil remedies. It combines carefully selected extracts from leading cases with expert commentary to elucidate the principles of various remedies. The text includes new chapters, sections, and commentary to reflect recent developments in the law and scholarship in the area.
Critical Reception
While specific reviews are not provided in the sources, the book is described as a valuable addition to the reference collections of academics and legal practitioners. The comprehensive treatment and updated content suggest that it is highly regarded in the legal community for its utility in understanding and applying remedies in Australian private law.
Additional Information
- Authors' Expertise: The authors are highly experienced in the field of remedies, ensuring that the text is critically revised and updated with the latest case law and scholarly insights.
- Case Material: The book includes new extracts of important decisions handed down since the last edition, such as 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).
In summary, "Remedies: Commentary and Materials, 7th Edition" is a seminal work in Australian private law, providing a thorough and up-to-date treatment of judicial and non-judicial remedies. Its comprehensive coverage, expert commentary, and inclusion of recent case material make it an essential resource for law students, academics, and legal practitioners.