These are Remedies exam notes covering LAWS50036 course at University of Melbourne. This 30 pages long file has a exam checklist as well. I created these notes for me to follow up on the subject more easily and efficiently. I think this will help you as well. These are clean and organised LAWS50036 notes which are concise and exam focused. Filtered to have only the exam concerned Remedies, this file can save your life.
Apart from the exam notes, there a checklist too. And it covers the following topics:
- Contract
- Tort
- Equitable wrongs
- ACL
- Unjust Enrichment
- Rescission
- Proprietary Remedies
- Claim: Contract
- Nature of the claim
- Requirements of the claim
- Compensation
- Characterising losses
- Particular measures
- Causation
- Remoteness
- NAI
- Contributory negligence
- Mitigation
- Specific relief: specific performance
- Specific relief: permanent injunctions
- Specific relief: interlocutory injunctions
- Specific relief available but impossible: Lord Cairns Act damages
- Rescission
- Restitution
- Remedies potentially available: Disgorgement
- Claims tangential or alternative to contract
- Debt
- Liquidated damages clauses
- Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79
- Claim: Tort
- Nature of the claim
- Remedies
- Compensation
- Exemplary damages
- Aggravated damages
- Distress damages
- Injunction
- Disgorgement and restitution
- Restitutionary remedies: reasonable fee cases
- Rescission
- Specific restitution
- Claim: ACL
- Measure of damages
- Causation and limiting factors
- Suggested analysis
- Claims: Equitable wrongs
- Unauthorised disbursement
- Equitable compensation proper
- Breach of fiduciary duties
- Breach of equitable duty of care
- Breach of confidence
- Disgorgement: account of profits
- Remedy: Rescission
- Common law or equitable rescission (choose):
- Is restitutio ad integrum possible?
- Claim: Restitution for Unjust enrichment
- Was the defendant enriched?
- Did the enrichment move from the plaintiff?
- What is the unjust factor?
- Are defences or equitable factors apparent?
- Is there also a contract?
- Claim: Proprietary remedies for various claims above
- When available or desirable
- Constructive trust
- Liens
- Elises model
- Electing between remedies
- Overlaps in Remedies
- Misleading conduct, lies and things that turn out to be wrong
- Compensatory and gains-based relief
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