Katy Barnett – författare

Remedies in Australian Private Law presents a detailed and scholarly map of remedies under Australian private law. Clearly structured and accessibly written, the text takes a black-letter law approach to remedies in common law, equity and statute, and develops a framework for understanding the principles of private law remedies and their practical application. The third edition has been updated to include recent cases in remedial law, offering students clear links between principles and practice, and provides more in-depth coverage of compensation under the Australian Consumer Law. Reasonable fee awards and disgorgement and accounts of profit are now addressed in separate chapters to reflect recent changes in international case law. Written by an expert author team, Remedies in Australian Private Law enables students and practitioners to develop a coherent understanding of remedial law and to analyse legal problems and identify appropriate remedial solutions.

This insightful book outlines the remedies for private law wrongs such as breach of contract, breach of fiduciary duty, breach of trust and torts. With a focus on English law, it provides an accessible, up-to-date and commercially centred overview of this complex field.Katy Barnett and Sirko Harder discuss remedies at common law, in equity and under statute. The remedies are primarily organised according to their function: first, compensation for loss, then coercive, vindicatory, restitutionary and gain-based remedies and finally, proprietary remedies. Private Law Remedies examines the general principles in remedies law and highlights the commonalities and differences among the various private law wrongs. While the focus is on English law, some developments in other common law countries are also mentioned.Students and scholars of private and commercial law will greatly benefit from this clear and accessible book. It is also a vital resource for overseas lawyers who are seeking to understand private law remedies in English law, as well as policymakers, judges and commercial litigators.

Remedies Cases and Materials in Australian Private Law presents a selection of cases and legislation to introduce students to the remedies available under Australian law. It offers the depth and context required to understand and analyse the application of private law remedies. Developed to accompany the second edition of Remedies in Australian Private Law, and following its accessible and systematic structure, this casebook contains carefully curated extracts from landmark cases, legislation and secondary sources. The selected extracts offer a comprehensive yet concise guide to the application of remedies. Each chapter includes clear explanations of topics and links to material in the principles text, along with flowcharts and diagrams to summarise complex cases and concepts. Review questions encourage students to analyse decisions from important cases and test their knowledge. Written by an expert author team, Remedies Cases and Materials in Australian Private Law is an invaluable resource which enables students to understand remedial law.

This collection explores the nature and justification of mandatory rules (which are non-excludable) and default rules (which can be modified or excluded by the parties) in contract and commercial law. The collection distinguishes between different kinds of mandatory and default rules that govern commercial transactions. It also explores the choice of rule in various situations. Which rules are mandatory, and are there clearly understood and convincing reasons for parties to be denied choice? In the case of default rules, on what basis is the default position selected? The collection also explores the fundamentally important relationship between default rules and interpretation, and, relatedly, between default rules and contractual risk allocation. The collection will be of interest to academics and practitioners working across the field of commercial law.

This concise yet detailed book explores the historical foundations and modern developments of the ancient doctrine of breach of confidence. The authors show that despite its humble beginnings, stilted development and air of quaintness the doctrine has modern relevance and influence, its sense of 'trust and confidence' still resonating with the information society of today. Topical chapters include, 'Inventing an equitable doctrine', 'Privacy and publicity in early Victorian Britain', 'Searching for balance in the employment relationship', as well as many others. Breach of Confidence will make insightful reading for all those interested in issues of privacy and information, and will appeal strongly to practicing lawyers and judges as well as academic researchers and postgraduate law students.

This book defends the view that an award of an account of profits (or 'disgorgement damages') for breach of contract will sometimes be justifiable, and fits within the orthodox principles and cases in contract law. However there is some confusion as to when such an award should be made. The moral bases for disgorgement damages are deterrence and punishment, which shape the remedy in important ways. Courts are also concerned with vindication of the claimant's performance interest, and it is pivotal in these cases that the claimant cannot procure a substitute performance via an award of damages or specific relief. The book argues that disgorgement damages should be available in two categories of case: 'second sale' cases, where the defendant breaches his contract with the claimant to make a more profitable contract with a third party; and 'agency problem' cases, where the defendant promises the claimant he will not do a certain thing, and the claimant finds it difficult to supervise the performance. Moreover, disgorgement may be full or partial, and 'reasonable fee damages' for breach of contract are best understood as partial disgorgement rather than 'restitutionary damages'. Equitable bars to relief should also be adopted in relation to disgorgement damages, as should allowances for skill and effort.This book will be of interest to contract and commercial lawyers, and will be especially valuable to anyone with an interest in contract remedies and restitution. It draws on case law in a number of common law jurisdictions, primarily England and Wales, and Australia.

This bundle includes: Remedies in Australian Private Law, 2nd edition, and Remedies Cases and Materials in Australian Private Law. The second edition of Remedies in Australian Private Law offers readers a clear and detailed introduction to remedies and their functions under Australian law. Clearly structured, with a strong black-letter law focus, the text provides a complete treatment of remedies in common law, equity and statute and develops a framework for understanding the principles of private law remedies and their practical application. Remedies Cases and Materials in Australian Private Law presents a selection of cases and legislation to introduce students to the remedies available under Australian law. It offers the depth and context required to understand and analyse the application of private law remedies. Both titles follow the same accessible and systematic structure.