Current Application of Legal Remedies

This subject is not offered in 2011.

Principal topics will include:

• Contractual terms, including construction of express terms, implied terms (at law, ad hoc), recent High Court of Australia developments, the implied duty to cooperate and the status of the claimed implied obligation of good faith in contract
• Equitable remedies for breach of fiduciary duty
• Interlocutory injunctions, including practical application
• Status of recovery in tort for pure economic loss
• The history and development of quantum meruit claims leading to a consideration of: quantum meruit under a contract having no agreed price; restitution claims where there is no contract, or an unenforceable contract, where the contractor claims that the owner has been unjustly enriched.

A student who has successfully completed this subject should have an understanding of:

• The interpretation of express contractual terms and recent developments in the law as to implied terms
• Remedies relevant to breach of joint venture agreements, including equitable damages, accounts of profits and constructive trusts
• The legal principles relevant to the granting of interlocutory relief by way of injunction
• The development, and the current state, of the law concerning damages for pure economic loss
• Recovery on a quantum meruit basis, based on both a contract without an agreed price and restitution after an unjust enrichment.

Visit the Melbourne Law Masters website for more information about this subject.

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.

This subject is not available as a breadth subject.