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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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
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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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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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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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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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
Part 1 Key Cases: Baltic Shipping Co v Dillon (1993) 176 CLR 344 Koufos v C Czarnikow Ltd [1969] 1 AC 350 ####Alexander v Cambridge Credit Corp Ltd (1987) 9 NSWLR 310 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 – damages Howe v Teefy (1927) 27 SR (NSW) 301 – race horse
Introduction There is a strong relation between tortious and contractual liability.[1] These areas of law have been regarded as both historically and notionally interlinked, where a person should be able to bring an action in tort even though the impugned conduct also constitutes a breach of contract.[2] Courts are willing to accept that situations may
Indigenous Acknowledgement
We acknowledge the Australian Aboriginal and Torres Strait Islander peoples as the first inhabitants of the nation and the traditional custodians of the lands where we live, learn and work.
