Remedies are incredibly important. Remedies are what clients want and understanding the law of remedies is crucial to both the study and the successful practice of law. Often remedies appear as afterthoughts to discussions about breach – whether of tort, contract or equitable obligation. This common approach can cost clients a lot of money.
Vitally important too is an understanding of the significant overlap between remedies. Facts of the case can now be addressed from many different angles – for example, facts giving rise to a breach of contract may also give rise to actions in unjust enrichment and breach of the Competition and Consumer Act. Failure to appreciate different remedial consequences can cost clients hugely.
This work briefly sets out what the law of remedies in Australia actually is. By focusing on the Australian law, written in simple to understand language, accessible to all lawyers and law students, the book delivers what students and practitioners want and what their clients need.
The new edition enhances all this by being up-to-date in this changing environment and by ending each chapter with a series of questions and answers, so that the law can be fully understood.
Table of Cases
Table of Statutes
PART I: Introduction
PART II: Compensation at Common Law
Contractual Damages
Tortious Damages
Restitution (Unjust Enrichment)
PART III: Equitable Remedies
Equitable Remedies Generally
Compensation in Equity
Lord Cairns’ Act Damages (Equitable Damages)
Account of Profits
Rectification
The Remedial Constructive Trust
Specific Restitution
Specific Performance
Rescission
Final Injunctions
Interlocutory Injunctions
PART IV: Remedies Similar to Traditional Remedies
Mareva Injunctions
Anton Piller (Search) Orders
Remedies under the CCA
Declarations
Index
Remedies, now in its second edition, is a welcome addition to the library of any private law practitioner, covering a broad array of remedies, both at common law, in equity and based in statute … The book’s style is simple and accessible. Its anticipated audience covers a wide spectrum of experience from law student to practitioner. There is much in this book for the experienced practitioner.
The book serves as a useful springboard providing a comprehensive overview identifying the key principles and case law and important doctrinal disputes and lines of authority. Key principles are succinctly explained. Although intended to be accessible, Wright has achieved that accessibility without the cost of over simplification.
With an eye to the student market, and the increasing appetite of law schools
to teach remedies, whether as a stand-alone subject or incorporated within
key subject areas such as torts and equity, each chapter concludes with a problem question (with answer). For
the practitioner this part of each chapter will be of limited utility (although not without a certain degree of passing curiosity and interest), however, it
forms only a small part of each chapter and does not detract from the overall usefulness of the book for the private law practitioner. >Read full review…
Radhika Withana, Bar News, Autumn 2015
The second edition of David Wright’s Remedies is a clear text which will be welcomed by those who take an historical approach to the organisation of remedies law, and who want an accessible description of the availability of remedies in Australian private law. … It is always a pleasure to read a further Australian foray into Remedies law, and Wright’s text is no exception.
Wright is to be commended for his focus on the Australian law of remedies as it presently stands, and on the clear and practical way in which he explains current doctrine in a concise manner. Read full review…
Katy Barnett, Journal of Equity, May 2015
David Wright’s book on remedies explains the main remedies available in Australian law. It addresses the relationship between the different common law and equitable remedies, and the various causes of action (or primary rights) which underpin them. It is presented in a simple and accessible format and will be of use as a reference for both practitioners and students alike. This second edition brings the book up-to-date with the most recent authorities and adds a series of questions and answers at the end of each chapter to assist with understanding the application of the relevant principles. As with the previous edition, this book does not address remedies against the Crown.
Queensland Law Reporter – 19 December 2014 – [2014] 49 QLR
