Australian Consumer Law
Cynthia Bachour-Choucair
July 19, 2021
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
Civil Law
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Court Injunctions
Cynthia Bachour-Choucair
July 19, 2021
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
Declarations, Rectification and Delivery Up
Cynthia Bachour-Choucair
July 19, 2021
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
Contract Damages NSW – Causation and Remoteness
Cynthia Bachour-Choucair
July 19, 2021
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
Contract Rescission
Cynthia Bachour-Choucair
July 19, 2021
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
Remedies from rescission to restitution
Cynthia Bachour-Choucair
July 19, 2021
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
Injunctions
Cynthia Bachour-Choucair
July 19, 2021
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
Damages, Specific Performance and Unfair Contracts | Remedies Cases
Cynthia Bachour-Choucair
July 19, 2021
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
Civil Procedures and Arbitration
Cynthia Bachour-Choucair
July 19, 2021
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
