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In Australia, punitive damages are not available for breach of contract, [5] but are possible for tort cases.. The law is less settled regarding equitable wrongs. In Harris v Digital Pulse Pty Ltd, [6] the defendant employees knowingly breached contractual and fiduciary duties to their employer by diverting business to themselves and misusing its confidential information.
Whether there is a distinct body of law in Australia known as the law of unjust enrichment is a highly controversial question. In Pavey & Mathews v Paul (1987) 162 CLR 221 the concept of unjust enrichment was expressly endorsed by the High Court of Australia. This was subsequently followed in numerous first instance and appellate decisions, as ...
To the extent Australia's system retains commonalities with English law, UK jurisprudence retains value as providing guidance to Australian courts. One key tension in Australia is a need for defamation law to strike an appropriate balance between the protection of an individual's reputation and values relating to free speech; as well as ...
Civil Law (Property) Act 2006 [12] Civil Law (Sale of Residential Property) Act 2003 [13] Queensland: Property Law Act 1974 [14] Land Titles Act 1994 [15] Northern Territory: Law of Property Act [16] Land Title Act [17] South Australia: Law of Property Act 1936 [18] Real Property Act 1886 [19] Tasmania: Conveyancing and Law of Property Act 1884 ...
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
Damage to life, body, or property, and; A causal link between the defect and damage in question. Under Japanese tort law, plaintiffs may seek compensation for both economic and non-economic damages, and there is no statutory cap on damages; however, punitive damages are forbidden on public policy grounds. [98]
Damages in the UK are the only [4] remedy available for breach of a warranty. [citation needed] Those damages can come in different forms such as an award of monetary damages, liquidation damages, specific performances, rescission, and restitution. [5] Damages are classified as being compensatory or punitive.
3 Australia. 4 New Zealand. 5 See also. ... Punitive damages; Incidental damages; ... 513, a lawyer's "inexplicable error" extended a conveyance of real property to ...