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Very Detailed Remedies Notes

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[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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114 Pages Complete Study Notes > 2 Years old
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Topics this document covers:
Law Judicial remedies Tort law Common law Punitive damages Tort Negligence Damages Legal remedy Contract Mitigation Duty of care John Austin
This is a Complete Set of Study Notes

Complete Study Notes typically cover at least half a semester’s content or several topics in greater depth. They are typically greater than 20 pages in length and go into more detail when covering topics.

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Topics this document covers:
Law Judicial remedies Tort law Common law Punitive damages Tort Negligence Damages Legal remedy Contract Mitigation Duty of care John Austin
Sample Text:
1-2.7; 2.57- 2.60 Chapter 3: 3.1-3.5; 3.36- 3.40 Photo Production Ltd v Securicor Transport Ltd [1980] AC 827 (1)– Introduction [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. - England’s first scholarly work devoted to common law, statutory and equitable remedies was ‘ F H Lawsons’ Remedies of English Law (1972). - Americas first remedies casebook published in 1910. - Australia’s first scholarly work was Bruce Kercher’s and Michael Noone’s text Remedies (1983). - First Australian casebook by same authors – Remedies Commentary and Materials (1988). - Generally agreed core subjects incl. damages, injunctions and specific performance. - ...
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