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Study Guides for 200756 at Western Sydney University

Remedies

200756 Study Guide - Final Guide: State Rail Authority, Res Judicata, Equitable Remedy

W12: DECLARATIONS NATURE OF THE REMEDY THE ORDER An order, which pronounces with finality the existence or nonexistence of legal rights or obligations concerning parties to a proceeding. o Nothing is created or invented by...

University of Western Sydney
200756
John Juriansz
200756 Study Guide - Final Guide: Equitable Remedy, Jonathan A. Campbell, Metcash

W12: RECTIFICATION GENERAL At CL a written contract is effective according to its terms, the presumption being that it reflects the true intention or agreement of the parties. However, if the written terms fail to reflect ...

University of Western Sydney
200756
John Juriansz
200756 Study Guide - Final Guide: Competition And Consumer Act 2010, Australian Consumer Law, Standard Form Contract

W13: REMEDIES UNDER THE AUSTRALIAN CONSUMER LAW (CTH) GENERAL Australian Consumer Law found in Schedule 2 of Competition and Consumer Act 2010 (Cth), which replaces Trade Practices Act 1974 (Cth). Enforcement ACC, ASIC, St...

University of Western Sydney
200756
John Juriansz
200756 Study Guide - Final Guide: Equitable Remedy, Beyond International Group, William Gummow

W11: INJUNCTIONS, QUASIINJUNCTIONS AND THE DEFENSIVE EQUITIES NATURE OF INJUNCTIONS AS A REMEDY DEFINITION An injunction is an equitable (or statutory) remedy that protects a plaintiffs legal, equitable or statutory rights...

University of Western Sydney
200756
John Juriansz
200756 Study Guide - Final Guide: Clean Hands, Vauxhall Bridge, Moneylender

W10: DELIVERY UP Delivery up is a remedy by which documents or other goods are delivered up, under oath, to the custody of the court for the purpose of cancellation or supervised destruction. Two main areas of practical ap...

University of Western Sydney
200756
John Juriansz
200756 Study Guide - Final Guide: Specific Performance, Demurrer, Demagogue

W10: SPECIFIC PERFORMANCE SPECIFIC REMEDIES GENERALLY Specific remedies perfect the plaintiffs right in the sense of literally requiring the defendant to perform his or her corresponding primary right. (cf. monetary substi...

University of Western Sydney
200756
John Juriansz
200756 Study Guide - Final Guide: Fiduciary, Rif, Beneficial Ownership

W8: CONSTRUCTIVE TRUSTS AND OTHER PROPRIETARY RELIEF PREREQUISITE TO PROPRIETARY RELIEF: TRACING Property claims are often contingent upon a successful tracing exercise. Fosket v McKeown [2001] 1 AC 102 definition of traci...

University of Western Sydney
200756
John Juriansz
200756 Final: W6- RESTITUTION, SPECIFIC RESTITUTION AND UNJUST ENRICHMENT

GAIN BASED AWARDS: W6: RESTITUTION, SPECIFIC RESTITUTION AND UNJUST ENRICHMENT UNJUST ENRICHMENT Restitution seeks to reverse the defendants gain rather than compensate the plaintiffs loss. Unjust enrich...

University of Western Sydney
200756
John Juriansz
200756 Study Guide - Final Guide: Average Weekly Earnings, Australian Consumer Law, Judiciary Of Australia

W4: COMPENSATION IN PARTICULAR CONTEXTS COMPENSATION FOR PERSONAL INJURY, BIRTH AND DEATH Damages payable for personal injury in NSW are mostly governed by the Civil Liability Act 2002 (NSW). The CLA mostly de...

University of Western Sydney
200756
John Juriansz
200756 Study Guide - Final Guide: Supreme Court Act, Fiduciary, Inherent Jurisdiction

W5: EQUITABLE COMPENSATION AND DAMAGES IN EQUITY NATURE OF EQUITABLE COMPENSATION Exclusive jurisdiction: purely equitable wrongs o Breach of trust o Breach of fiduciary duty o Breach of equitable duty Auxiliary jurisdicti...

University of Western Sydney
200756
John Juriansz
200756 Study Guide - Final Guide: Fiduciary, Breach (Security Exploit), Justin Whitlock Dart

Gain Based Awards W7: ACCOUNT OF PROFITS Can only get AOP OR Damages NOT both P must elect between remedy prior to conclusion of the trial Olwell v Nye Nissen Rarely a breach of Common Law as go to Common Law remedies If ...

University of Western Sydney
200756
John Juriansz
200756 Study Guide - Final Guide: State Rail Authority, Dyson Heydon, Brucellosis

W3: GENERAL PRINCIPLES OF COMPENSATION THE COMPENSATION PRINCIPLE IN CONTRACT AND TORT LAW TORT Pecuniary compensation is the main type of penalties sought after by a plaintiff today. The aim of pecuniary compensation Liv...

University of Western Sydney
200756
John Juriansz
200756 Study Guide - Final Guide: Rescission, Australia And New Zealand Banking Group, Fide

W2: RESCISSION OVERVIEW Right of a party to set aside a contract Aim place both parties in the position that they would have been HAD the contracttransaction not occurred ab initio Rescission ends all past and future oblig...

University of Western Sydney
200756
John Juriansz
200756 Study Guide - Final Guide: Fiduciary, Rescission, Damages

W1: THE NATURE OF REMEDIES DEFINING REMEDIES Remedies are often defined as cures that are used to respond to a wrong or proposed wrong. The most common wrongs arising in private law are torts, breaches of contracts and bre...

University of Western Sydney
200756
John Juriansz

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