HD Remedies notes

Description

Comprehensive remedies notes. Includes scaffolds on how to answer contractual claims, tortious claims and legislative claims. These notes helped me score a High Distinction in the subject. The notes include: CONTRACTUAL CLAIM SCAFFOLD 5 ESTABLISH THE EXACT CONDUCT 5 DOES THE CIVIL LIABILITY ACT 2002 (NSW) APPLY? 5 CAUSATION FOR CONTRACTUAL BREACH DUE TO NEGLIGENCE 5 CAUSATION FOR CONTRACTUAL BREACH NOT DUE TO NEGLIGENCE 7 Material cause 7 Multiple sufficient causes 8 Accumulation of causes 8 REMOTENESS 8 REMOTENESS FOR CONTRACTUAL BREACH DUE TO NEGLIGENCE 8 REMOTENESS FOR CONTRACTUAL BREACH NOT DUE TO NEGLIGENCE 9 ASSESING DAMAGES 9 NOMINAL DAMAGES 10 CONTEMPTIOUS DAMAGES 10 ORDINARY DAMAGES 10 ECONOMIC LOSS- PAST & FUTURE 10 PAST ECONOMIC LOSS 10 FUTURE ECONOMIC LOSS 10 EXAMPLES OF FUTURE ECONOMIC LOSS 11 ECONOMIC LOSS- LOSS OF CHANCE/OPPORTUNITY 12 RELATED DAMAGES- PROPERTY DAMAGE 12 RELATED DAMAGES- PERSONAL INJURY 13 RELATED DAMAGES- NON-ECONOMIC LOSS 13 PHYSICAL INCONVENIENCE 14 INTEREST ON DAMAGES 14 DISCOUNT RATE FOR FUTURE LOSS 14 ADJUSTMENT TO DAMAGES 15 FAILURE TO MITIGAE 15 SUCCESSFUL MITIGATION 15 MITIGATION WHERE THERE IS AN ANTICIPATORY BREACH 15 CONTRIBUTORY NEGLIGENCE 16 CONTRIBUTORY NEGLIGENCE FOR NEGLIGENCE CLAIM 16 CONTRIBUTORY NEGLIGENCE FOR NON-NEGLIGENCE CLAIM 16 APPORTIONMENT OF LIABILITY BETWEEN DEFENDANT AND DEFENDANT 17 DEFENDANTS RECOVERING AGAINST OTHER DEFENDANTS 17 EQUITABLE REMEDIES (CONTRACTUAL CLAIMS) 18 RECISSION (COMPLETE, PARTIAL AND ON TERMS) 18 PARTIAL RESCISSION 20 RECTIFICATION 21 DECLARATION 22 SPECIFIC PERFORMANCE 23 PART PERFORMANCE & SPECIFIC PERFORMANCE 24 SPECIFIC RESTITUTION (use for interreference with goods) 25 RESTITUTION (MONEY HAD & RECEIVED) 25 RESTITUTION (QUANTUM MERUIT; QUANTUM VALEBAT) 27 INJUNCTION 30 DEFENCES AGAINST EQUITABLE REMEDIES (CONTRACTUAL CLAIMS) 32 TORTIOUS CLAIM SCAFFOLD 33 CAUSE OF ACTION 33 CAUSATION 34 CAUSATION FOR CAUSE OF ACTION IN NEGLIGENCE 34 CAUSATION FOR A CAUSE OF ACTION NOT IN NEGLIGENCE 35 Material cause 36 Multiple sufficient causes 36 Accumulation of causes 36 REMOTENESS 37 REMOTENESS FOR CAUSE OF ACTION IN NEGLIGENCE 37 REMOTENESS FOR CAUSE OF ACTION NOT IN NEGLIGENCE 38 DAMAGES 38 NOMINAL DAMAGES 38 CONTEMPTIOUS DAMAGES 38 EXEMPLARY DAMAGES (FOR INTENTIONAL TORTS ONLY) 38 AGGRAVATED DAMAGES (FOR INTENTIONAL TORTS ONLY) 39 ORDINARY DAMAGES 39 ECONOMIC LOSS 40 ECONOMIC LOSS - PAST & FUTURE EXPENSES 40 ECONOMIC LOSS – PAST & FUTURE GRATUITOUS CARE SERVICES 40 ECONOMIC LOSS – PAST & FUTURE LOSS OF CAPACITY TO PROVIDE DOMESTIC SERVICES 41 DETERMINATION OF AMOUNT OF DAMAGES 43 WHEN DAMAGES ARE NOT AWARDED 43 ECONOMIC LOSS – LOSS OF CHANCE 43 ECONOMIC LOSS – PAST & FUTURE EARNING CAPACITY 43 CALCULATING FUTURE EARNING CAPACITY 44 ECONOMIC LOSS – PAST & FUTURE SUPERANNUATION 45 NON-ECONOMIC LOSS 45 Definition 45 DETERMINATION FOR DAMAGES 45 INTEREST ON DAMAGES 47 DISCOUNT RATE FOR FUTURE LOSS 48 PROPERTY DAMAGES 48 CONSEQUENTIAL LOSSES 49 AGGRAVATED/EXEMPLARY DAMAGES 49 TRESPASS TO LAND DAMAGES 49 INTERFERENCE WITH GOODS DAMAGES 50 ADJUSTMENTS TO DAMAGES 51 FAILURE TO MITIGAE 51 SUCCESSFUL MITIGATION 51 COLLATERAL BENEFITS 51 LEGISLATIVE PAYOUTS 51 GENERAL PAY OUTS 52 CONTRIBUTORY NEGLIGENCE 52 CONTRIBUTORY NEGLIGENCE FOR NEGLIGENCE CLAIM 52 APPORTIONMENT OF LIABILITY BETWEEN P & D 52 APPORTIONMENT OF LIABILITY BETWEEN D & D 53 DEFENDANTS RECOVERING AGAINST OTHER DEFENDANTS 53 EQUITABLE REMEDIES (TORTIOUS CLAIMS) 54 Defences against equitable remedies 54 LEGISLATION 56 PERSON 56 CONDUCT 56 IMPUTING CONDUCT 56 IN TRADE OR COMMERCE 57 MISLEADING OR DECEPTIVE CONDUCT 58 SILENCE/ NON-DISCLOSURE 59 CIRCUMSTANCES WHERE NON-DISCLOSURE IS MDC: 59 CIRCUMSTANCES WHERE NON-DISCLOSURE IS NOT MDC 60 PASSING ON INFORMATION 60 IS THE REPRESENTATION A PROMISE, PREDICTION, OR OPINION? 60 MISLEADING REPRESENTATIONS WITH RESPECT TO FUTURE MATTERS 61 DISCLAIMER CLAUSE 63 EXCLUSION CLAUSES 64 CAUSATION 64 RELIANCE 65 REBUTTING CAUSATION 65 DISCLAIMER 66 REMEDIES 66 STATUTORY INJUNCTION 66 POWER TO GRANT AND VARY INJUNCTIONS 66 CONTENT OF INJUNCTION 67 COMMON LAW REMEDY 68 AMOUNT RECOVERABLE 69 DAMAGES FOR LOST VALUE OF PROPERTY 70 LOSS OF CHANCE 70 OTHER DAMAGES RECOVERABLE 70 NO DAMAGES FOR PERSONAL INJURY 70 TYPES OF ORDERS THAT CAN BE MADE 71 REDUCING DAMAGES 71 FAILURE TO MITIGATE INCREASING LOSS/DAMAGE 71 MITIGATION WHICH REDUCES LOSS/DAMAGE 72 ACCESORIAL LIABILITY 72 PROPORTIONATE LIABILITY 73 PLAINTIFF DID NOT TAKE REASONABLE CARE (S 137B) 73 APPORTIONMENT OF LIABILITY BETWEEN D (FOR CLAIMS UNDER S 236) 73 APPORTIONMENT OF LIABILITY BETWEEN DEFENDANT (FOR CLAIMS NOT UNDER S 236) 74 D RECOVERING AGAINST OTHER Ds 74