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114 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: LLB300 - Remedies and Procedure
[1.1] Scope of the law of remedies (3) - Study of the law of remedies is a recent phenomena. - Traditionally it was treated as ‘addenda’ to the substaintive subjects of contract, torts and equity. - 20th century – remedial law matured into a subject. - First Australian casebook by same authors – Remedies Commentary and Materials (1988). - Generally agreed core subjects incl. damages, injunctions and specific performance. - Given the absence of any judicial definition of remedies, there are atleast 4 distinctions to help define the law of remedies. [1.2] Primary and Secondary Rights (4) - Difference exists between a right and remedy. Helps to find meaning of remedy law somewhat. - Oxford English Dictionary o Remedy: Derives from the latin word ‘remedium’ meaning, ‘medicine, means of relief’. - Remedies in law are often thought of in a practical sense, as the medicine or means of relief for the violation of a legal right, thus, a ‘cause of action’.
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