LAWS50036 Remedies HD Exam Notes and Checklist

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  • UniversityUniversity of Melbourne
  • AreaLaw
  • CourseRemedies
  • Course CodeLAWS50036
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86%Verified Grade
  • Authorgtrees
  • Created2016
  • Pages30
  • Approved24 October 2017

This is a fantastic service to use for comparison of notes, compilation of notes or even just in an emergency. There are high quality and varied notes for all the subjects you need.

Daniel Markos

Daniel Markos Bond University

I use Nexus Notes as skeletons for my own notes. This method is far easier than working off textbooks and really helps me with my law exams which aren't getting any easier.

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Tommy Hendrick University of Sydney

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Nick Cundy

Nick Cundy University of Adelaide

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About these notes

These are my immaculately prepared Melbourne University Law Notes that helped me score a great mark for this subject. I created these notes in order to maximise studying efficiency for the exam. This is a clear and well structured set of notes which helped me score at 86 mark in Remedies Law.

These notes are a concise, exam focused material designed o anticipate the sorts of exam questions thereby ensuring that the student only focuses on knowing what is required to do well on the exam. The Remedies checklist included in these notes also covers the following areas:

  • 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             8
  • 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 in 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
  • Elise’s 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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