Tort Compensation
Tort Compensation
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
Remedies Cases
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
Remedies
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
Civil Procedures and Arbitration
Civil Procedures and Arbitration Topic 1: The Adversarial System Chapter one Introduction Procedural law is the law which governs the conduct of proceedings before the court –“the mode of proceeding by which a legal right is enforced, as distinguished from the law which gives or defines the right – Poyser v Minors (1881) Civil Procedures
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Stalk & Intimidate & Assault Occasioning Actual Bodily Harm
Successful Outcome for Stalk and Intimidate and Assault Occasioning Actual Bodily Harm Our solicitor, Nicholas Hardy-Clements, represented a 37-year-old male at Hornsby Local Court in relation to the following charges: 1. Stalk and intimidate intending to cause fear of physical or mental harm (domestic violence related) section 13(1) of Crimes (Domestic & Personal) Violence Act
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Successful Outcome for Driving Whilst Suspended
Successful Outcome for Driving Whilst Suspended Our solicitor, Stephanie McClelland, represented a 20-year-old male at Fairfield Local Court on 21 June 2021, in relation to the following charge: 1. Drive Motor Vehicle Whilst Disqualified- Second or Subsequent Offence pursuant to section 54 (1)(a) of the Roads Transport Act 2013. Our client was driving whilst disqualified
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