What is Admissible in Court? Admissibility of Evidence Flowchart
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Remedies Law – preparation guide
RESCISSION After running an online clothing store for two months, Miranda decided that it wasn’t for her. She sold it to a young woman named Bonnie, telling her that the business typically made $25,000 per week. Since purchasing the store, Bonnie has struggled to make $10,000 each week, despite working more hours than Miranda ever
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Australian Consumer Law
Key cases: Nelson v Nelson (1995) 184 CLR 538 Lindsay Petroleum Co v Heard (1874) LR 5 PC 221 Bester v Perpetual Trustee Co Ltd [1970] 3 NSWR 30 Beckford v Wade (1805) 17 Ves 87 Re Howlett [1949] Ch 767 Haas Timber and Trading Co Pty Ltd v Wade (1955) 94 CLR 593 Allcard
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Court Injunctions
INJUNCTIONS 1 Nature of injunctions 1.1 Definition: An injunction is an order of the court which either prohibits/forbids a person or legal entity from performing an action or requires the person or legal entity to do something. Purpose: To protect the rights of a person or legal entity in situations where the infringement
Declarations, Rectification and Delivery Up
Key Cases: Declarations Australian Oil Exploration Ltd v Lachberg (1958) 101 CLR 119 Guaranty Trust Co of New York v Hannay & Co [1915] 2 KB 536 Foster v Jododex Aust. Pty Ltd (1972) 127 CLR 421 Liverpool & London & Globe Insurance Co Ltd v J W Deaves Pty Ltd [1971] 2 NSWLR
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Contract Compensation
Elements Plaintiff has a cause of action in contract – namely, a breach of contract; Defendent’s breach of contract has in fact injured or caused a loss to the plaintiff – causation; The loss suffered by P is not too remote; and P has not breached his or her ‘duty’ to mitigate unnecessary loss The
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Contract Rescission
Rescission Introduction and Overview Both the common law and equity recognise that, in certain circumstances, a party may have a right a right to rescind, avoid or “set aside” an overview effective transaction. Prior to rescission, the transaction is voidable rather than void à valid and effective, albeit subject to avoidance at the election of
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Remedies from rescission to restitution
Rescission Nature of the Remedy (general) Rescission is the reversal of a transaction so that each party is restored to its original position. Rescission is a remedy of both the common law and equity. Common law rescission is confined to contracts, but rescission in equity extends to gifts and other transactions. Rescission and termination (void
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Injunctions
Nature One of laws most potent and used remedies Purpose: It orders a person to do an act or not to do an act Typical injunctions is prohibitory or negative injunction- retrains or forbids D from engaging in wrongful act such as breaching a trust, trespassing on land, etc. Less common is mandatory or positive
